UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

Udlændinge- og Integrationsudvalget 2022-23 (2. samling)
UUI Alm.del Bilag 77
Offentligt

COUNTRY OF ORIGIN INFORMATION (COI)

FFM REPORT

Udlændinge- og Integrationsudvalget 2022-23 (2. samling)

UUI Alm.del - Bilag 77

Offentligt

June 2023

Ukraine

Exit rules, exemptions from

military service/mobilisation

during martial law,

documentation, punishment of

evaders and deserters from

military service

us.dk

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

This report is not, and does not purport to be, a detailed or comprehensive survey of

all aspects of the issues addressed. It should thus be weighed against other country

of origin information available on the topic.

The report/brief report at hand does not include any policy recommendations. The

information does not necessarily reflect the opinion of the Danish Immigration

Service.

Furthermore, this report is not conclusive as to the determination or merit of any

particular claim to refugee status or asylum. Terminology used should not be

regarded as indicative of a particular legal position.

The report is a synthesis of information gathered from different sources, and it

brings together condensed information in a relevant manner for the reader’s COI

needs and it organises information together thematically to form a coherent whole

of the topic in question, instead of listing or quoting information source by source.

The Danish Immigration Service

Farimagsvej 51A

4700 Næstved

Denmark

Phone: +45 35 36 66 00

us.dk

June 2023

The publication can be downloaded for free at us.dk/landeoplysninger

The Danish Immigration Service’s publications can be quoted with clear source

reference.

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

UK R AINE : E X I T RU LE S, E XE M P TIO NS F RO M M IL I T AR Y SE R VI CE /M O BIL I S A T ION D URI N G M AR T IA L

LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Executive summary

On 24 February 2022, as a result of the full-scale Russian invasion, Ukrainian President Volodymyr

Zelenskyy declared martial law and general mobilisation. Consequently, almost all men aged 18 to 60 were

prohibited from leaving Ukraine. Certain categories of men aged 18 to 60 were exempted from the travel

ban. The rules for crossing the state border by Ukrainian citizens are regulated by Resolution No. 57 of the

Cabinet of Ministers. Since 24 February 2022, the resolution has been amended more than 15 times. The

resolution sets 13 rules regarding eligibility for crossing the state border of Ukraine during martial law.

The rules allow persons wounded during combat; designated drivers for humanitarian, medical, or military

aid; athletes; people working in the spheres of the railway-; sea- or aviation sector to cross the border of

Ukraine. It also includes people not covered by the mobilisation decree, which are persons who have been

removed from the military registry due to unfitness for military service, disabilities or support of persons

with disabilities or serious diseases, persons with three or more children, etc.

The rules also set specific requirements for documentation within each category of exemption to the travel

ban, such as military ticket with a stamp of removal from the military registry, medical conclusions, social-

or pensions documents, etc.

In the first period after the introduction of the travel ban, the regulations were arbitrarily implemented by

the State Border Guard Service (SBGS) at the borders and different procedures were enforced at the border

crossing points (BCPs). Between April and June 2022, the situation at the border normalised as the border

procedures became more standardised and uniform. Nevertheless, irregular procedures still occurred and

the SBGS implemented internal procedures beyond the legislation. On one hand, the quality of the legal

regulations contributes to inconsistency at the border. On the other hand, it gives public authorities leeway

to interpret the law at their discretion, allowing for corruption schemes.

There have been cases of corruption within the SBGS. However, corruption related to border crossing

seemed to be more prevalent in other sectors, including the regional military administrations, the Ministry

of Infrastructure, charity organisations, non-governmental organisations (NGOs), local governments, and

medical institutions.

The travel ban has provoked a demand for forged or corruptly obtained documents amongst men aged 18

to 60 to circumvent the travel ban. Commonly issued forged documents include, among others, falsified

birth certificates, certificates of disability status and certificates of unfitness for military service. Moreover,

significant shortcomings in the systems have created loopholes for men aged 18 to 60 to circumvent the

travel ban at the BCPs, beyond the BCPs and through means of organised human smuggling.

The act of crossing the border out of Ukraine illegally may constitute either an administrative or a criminal

offence. Illegal border crossing with forged documents, with the attempt of bribery or organised human

smuggling, is punishable with prescription of a fine or imprisonment. Evasion from military service is

punishable by imprisonment for a term of three to five years, whilst desertion prescribes imprisonment for

a term of five to 12 years. On 27 January 2023, an amendment to the law came into effect, which introduced

harsher punishments for military servicemen during martial law for violations committed from this date.

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

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Table of contents

Executive summary ................................................................................................................................ 1

Introduction and methodology ............................................................................................................... 5

Abbreviations ........................................................................................................................................ 7

Glossary ................................................................................................................................................. 8

Map of Ukraine ...................................................................................................................................... 9

Legislation .................................................................................................................................... 10

1.1. Legislation regarding the declaration of martial law ............................................................................ 10

1.2. Legislation regarding exit rules during martial law .............................................................................. 10

1.2.1. Categories of people allowed to cross the border ........................................................................ 11

1.2.2. Legal uncertainties ......................................................................................................................... 14

1.3. Legislation on military service, mobilisation and exemptions.............................................................. 16

1.3.1. Military service............................................................................................................................... 16

1.3.2. Mobilisation ................................................................................................................................... 19

1.4. Women and mobilisation to military service........................................................................................ 21

1.4.1. Women covered by the travel ban ................................................................................................ 23

Documentation ............................................................................................................................. 26

2.1. General documentation........................................................................................................................ 26

2.2. Document requirements during martial law ........................................................................................ 26

2.3. Military documents............................................................................................................................... 30

2.4. Databases used to verify documents.................................................................................................... 31

2.4.1. Shliakh

ШЛЯХ

.............................................................................................................................. 32

. . . DIIA [Д ]

........................................................................................................................................ 33

Situation at the borders ................................................................................................................ 34

3.1 Procedures at the border ...................................................................................................................... 34

3.2. Situation at the border: implementation of the travel restrictions ..................................................... 35

3.2.1. The situation at the border in the beginning of the full scale Russian invasion ............................ 35

3.2.2. An adjusted situation at the border............................................................................................... 36

3.3. Prevalence of illegal border crossing .................................................................................................... 38

3.3.1. Illegal border crossing beyond official border crossing points (BCPs) ........................................... 39

3.3.2. Illegal border crossing at the border crossing points (BCPs) ......................................................... 40

3.3.3. Schemes for circumventing the travel ban .................................................................................... 40

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

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3.3.4. Organised human smuggling ......................................................................................................... 42

3.3.5. Human trafficking .......................................................................................................................... 43

3.4. Prevalence of corruption ...................................................................................................................... 44

3.4.1. Corruption risks.............................................................................................................................. 45

3.4.2. Forgery of documents and illegal issuance of documents ............................................................ 49

3.4.3. Anti-corruption measures .............................................................................................................. 52

4. Punishment related to illegal border crossing, military evasion and desertion.................................... 54

4.1. The legislative framework relating to illegal border crossing .............................................................. 54

4.1.1. Illegal border crossing .................................................................................................................... 54

4.1.2. Illegal border crossing with forged documents ............................................................................. 54

4.1.3. Illegal border crossing based on attempt of bribery ..................................................................... 55

4.1.4. Border crossing based on illegal movement of persons ................................................................ 55

4.2. The legislative framework relating to military evasion and desertion under martial law ................... 56

4.2.1. Punishment related to evasion from military service under martial law ...................................... 56

4.2.2. Punishment related to desertion from military service during martial law .................................. 57

4.2.3. Punishment related to absence without leave under martial law ................................................ 58

4.3. Legislative amendments to the Criminal Code of Ukraine and the Code of Ukraine on Administrative

Offenses ....................................................................................................................................................... 58

4.4. Enforcement of legislation related to punishment of illegal border crossing and military evasion and

desertion ...................................................................................................................................................... 60

4.4.1 Enforcement of legislation related to illegal border crossing......................................................... 60

4.4.2 Enforcement of legislation related to military evasion and desertion ........................................... 61

4.5 Other negative consequences and reprisals against military evaders and deserters ........................... 63

Bibliography ........................................................................................................................................ 64

Annex 1: Meeting notes ....................................................................................................................... 68

Right to Protection (R2P) ............................................................................................................................. 68

NEEKA .......................................................................................................................................................... 71

Legal Hundred.............................................................................................................................................. 76

International organisation based in Ukraine ............................................................................................... 79

A non-Ukrainian Organisation working in Ukraine ...................................................................................... 83

Europe without Barriers .............................................................................................................................. 93

The State Border Guard Service of Ukraine (SBGS) ..................................................................................... 98

The Ministry of Defence and the State Border Guard Service of Ukraine (SBGS) ..................................... 103

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The National Agency on Corruption Prevention (NACP) ........................................................................... 107

Annex 2: Translation of NACP report .................................................................................................. 113

Annex 3: Translation of annex to NACP Report ................................................................................... 150

Annex 4: UNHCR written note ............................................................................................................ 173

Annex 5: Translated legislation ........................................................................................................... 181

Annex 5.1: Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of

Ukraine and Other Regulations of Ukraine................................................................................................ 181

Annex 5.2: Translation of articles 17, 18, 22, 26 & 39 of the Law on Military Duty and Military Service . 188

Annex 5.3: Translation of articles 22 & 23 of the Law on Mobilisation Training and Mobilisation .......... 211

Annex 5.4: Translation of Resolution 57, article 2.1-2.13, Rules for Crossing the State Border by the

Citizens of Ukraine. .................................................................................................................................... 217

Annex 5.5: Translation of order no 313, Ministry of Defence of Ukraine, On the approval of the List of

specialties and/or occupations related to relevant military occupational specialties after acquiring which

women are registered for military service and the List of specialties and/or occupations related to

relevant military occupational specialties ................................................................................................. 232

Annex 6: Terms of Reference (ToR) ..................................................................................................... 236

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Introduction and methodology

Following the full-scale Russian invasion of Ukraine on 24 February 2022, a travel ban was introduced;

prohibiting men aged 18 to 60 to exit Ukraine. The travel ban has provoked a demand for forged or corruptly

obtained documents to exit Ukraine. Moreover, significant shortcomings in the exit regulation systems have

created loopholes for men to circumvent the travel ban at the border crossing points (BCPs), beyond the

BCPs and through means of organised human smuggling.

This report at hand is a product of a Danish Immigration Service (DIS) mission to Poland, Slovakia and Ukraine

from 27 February to 3 March 2023. The purpose of the mission was to collect updated information on the

implementation of exit regulations for persons liable for military service in Ukraine.

The report covers exit rules for persons liable for military service in Ukraine, such as documentation and the

procedures for implementing the travel regulations, including ways of circumventing the travel ban and

prevalence of corruption. The final part of the report covers the punishment prescribed for illegal border

crossing as well as desertion and draft evasion.

DIS in consultation with the Danish Refugee Appeals Board and the Danish National ID Centre drew up the

Terms of Reference (ToR) for the report. An advisory group on Country of Origin Information

(Referencegruppen) provided input to relevant sources to be consulted for the report. The ToR is included as

an annex at the end of the report (Annex 7).

The compilation of the report is based primarily on oral sources supplemented by written sources, such as

publicly available reports and news articles. Moreover, since most relevant legislation referred to in the

report is in Ukrainian language, DIS made use of an authorised translator facilitated by the Danish Embassy

in Ukraine. This also applies to relevant parts of a report from the Ukrainian National Agency for Corruption

Prevention from October 2022, which contains information about corruption schemes and other illegal ways

to circumvent the travel ban for (mostly) male citizens aged 18

–

60.

The report is written in accordance with the European Union Agency for Asylum (EUAA) report methodology.

The report is a synthesis of information obtained from oral and written sources. Nine sources were

interviewed in the process of compiling this report, of which two responded to DIS in writing. The sources

consist of non-governmental organisations (NGOs), international organisations, and national government

agencies. The sources interviewed were selected by virtue of their expertise, merit and experience relevant

to the ToR. Some interviews were conducted in English and other interviews were translated from Ukrainian

to English. Multiple sources were chosen to ensure precise and balanced data. During the interviews,

interlocutors addressed topics beyond the scope of the ToR, and hence, not all details and nuances of the

sources are presented in the report if they are not relevant to refugee status determination. However, all

statements are included in the meeting notes in Annex 1. DIS has paid attention to presenting the views of

the sources as accurately and transparently as possible.

Prior to the interviews, all interlocutors were thoroughly informed about the purpose of the interview and

that their statements would be included in a publicly available report. All interlocutors were offered the

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2

EUAA,

Country of Origin Information (COI) Report Methodology,

February 2023,

url

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opportunity to decide how they wished to be cited in the report. Two sources have been anonymised based

on their request. DIS drafted meeting minutes from each meeting, which were forwarded to the sources for

approval, providing them with the opportunity to amend, comment and correct the content to ensure

correctly cited information. For the sake of reader-friendliness, transparency and accuracy, paragraphs in the

meeting notes have been numbered in consecutive order, used in the report when referring to the

statements of the sources in the footnotes.

Attention should be paid to the changeable situation in Ukraine and the fact that information in this report

may quickly become outdated. Therefore, the issues addressed in this report should be monitored

periodically and brought up to date accordingly.

This report has been peer-reviewed internally within DIS. The research and editing of the report was finalised

on 12 June 2023.

The report can be accessed from the website of DIS,

www.us.dk,

and is available to all stakeholders working

within the field of refugee status determination as well as to the public.

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

UK R AINE : E X I T RU LE S, E XE M P TIO NS F RO M M IL I T AR Y SE R VI CE /M O BIL I S A T ION D URI N G M AR T IA L

LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Abbreviations

BCP

CAOU

CCU

COI

DIS

DDS

EUAA

EWB

IDP

MMC

NACP

NGO

OHCHR

SBGS

SSC

R2P

TRC

UNHCR

UNODC

Border Crossing Point

Code of Administrative Offenses of Ukraine

Criminal Code of Ukraine

Country of Origin Information

Danish Immigration Service

Disability Determination Service

European Union Agency for Asylum

Europe without Barriers

Internally Displaced Persons

Military Medical Commission

National Agency for the Corruption Prevention

Non-governmental organisation

Office of the United Nations High Commissioner for Human Rights

State Border Guard Service

Social Support Centre

Right to Protection

Territorial Recruitment Centre

United Nations High Commissioner for Refugees

United Nations Office on Drugs and Crimes

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Glossary

Diia

[Д ]

meaning The State and I [Де

Я]

is a digital

application database between the Ukrainian authorities and the

citizens. It is an online platform that contains personal

information and documents, such as passports, identity cards,

driving licences, tax-number, IDP-certificates and COVID-

vaccinations, etc.

The Medical Commission determines the disability group

category, but the commission does not determine eligibility for

serving in the army.

The Military Medical Commission undertakes medical

examinations and decides the fitness for military service. The

commission examines medical certificates from other medical

institutions besides the disability group status issued by the

Medical Commission.

Shliakh, ea i g the path is a i teg ated

database,

administered by the Ministry of Infrastructure and the State

Service of Transport Safety (UkrTransBezpeka). Government

bodies and authorised organisations can enter the information

of designated drivers into the database who after the approval

of the State Border Guard Service are allowed to cross the

border.

T a slated Sup e e Cou il. Ve kho a Rada is the

Ukrainian parliament, which consists of 450 deputies.

The Medical Commission

The Military Medical Commission

Shliakh [Шлях]

Verkhovna Rada

R2P: 16; Non-Ukrainian Organisation working in Ukraine: 21

NEEKA: 8

Non-Ukrainian Organisation working in Ukraine: 18; R2P: 16; NACP: 8

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

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Map of Ukraine

Source: OCHA,

Ukraine: Reference Map (As of 8 March 2023),

8 March 2023,

url

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1. Legislation

1.1. Legislation regarding the declaration of martial law

In the early morning of 24 February 2022, Russian armed forces crossed several border crossings to

Ukraine, initiating a full-scale invasion of Ukraine. Russian forces entered Ukraine from the north of the

capital Kyiv, using Belarus as an entry place, stretching to the south of Ukraine to Kherson covering a front

line of more than 1,000 km. The Russian president, Vladimir Putin, refrained from making an official

declaration of war, instead designating the invasion as a Special Military Operation.

On the same day of the invasion, at 05:30 in the morning, Ukrainian president Volodymyr Zelenskyy

declared, in accordance with the Constitution of Ukraine

, both martial law

covering the whole of Ukraine

and a general mobilisation in all regions of Ukraine and the city of Kyiv.

According to the

On the Legal Regime of Martial Law

, a tial la is a spe ial egi e that a e

introduced in the whole of Ukraine or in parts of the country in the event of armed aggression or threat of

attack, danger to the state independence or its territorial integrity. The law provides for the provision of

appropriate state authorities, military command, military administrations and local self-government bodies

powers to counter the threat or attack. Furthermore, pursuant to the law, temporary restrictions of

constitutional rights and freedoms can be imposed, such as a special entry and exit regime and limitations

on the freedom of movement.

The decree of the president is valid for 30 days; it can be extended with

new decrees and has to be approved by the Ukrainian Parliament, the Verkhovna Rada.

1.2. Legislation regarding exit rules during martial law

The rules regarding the exit of citizens from Ukraine during martial law were unclear and characterised by

many exceptions and multiple interpretations.

ISW,

Russia-Ukraine Warning Update: Initial Russian Offensive Campaign Assessment,

24 February 2022,

url;

USDOS,

2022 Country Report on Human Rights Practices: Ukraine,

20 March 2023,

url

Ukraine,

Constitution of Ukraine, Article 85, paragraph 31 & article 106, paragraph 20,

latest amended September

2019,

url

Ukraine

П е де�½т Ук �½ [P eside t of Uk ai e],

Ук П е де т Ук

№6 /

П о еде

оє о о т у Ук

[De ree of the Preside t of

Ukraine No 64/2022

–

On the introduction of martial law in

Ukraine],

24 February 2022,

url

Non-Ukrainian Organisation working in Ukraine: 1; NACP,

Corruption schemes and risks related to leaving the

country during martial law,

October 2022, Annex 2, pp. 113-172

Verkhovna Rada of Ukraine,

З ко Ук

п оп

оє о о т у [La of Ukrai e o the Legal

Regime of Martial Law],

11 June 2015,

url

Verkhovna Rada of Ukraine,

З ко Ук

п оп

оє о о т у [La of Ukrai e o the Legal

Regime of Martial Law],

11 June 2015, Article 1; 15.6,

url

Non-Ukrainian Organisation working in Ukraine: 2-3; Verkhovna Rada of Ukraine,

З ко Ук

п оп

оє о о т у [La of Ukrai e o the Legal Regi e of Martial La

], 11 June 2015, Article 5,

url;

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp. 113-172

R2P: 3-4; NEEKA: 4-7; International Organisation based in Ukraine: 1; 20-21; UNHCR,

Request from the Danish

Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4; OHCHR,

Situation of

human rights in Ukraine in the context of the armed attack by the Russian Federation: 24 February

–

15 May 2022,

June 2022,

url,

p. 41-42,; NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp. 113-172

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

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a o e all le el, the La of Uk ai e o the P o edu e fo E iti g/E te i g the Te ito of Uk ai e

Ukrainian Citizens

egulates the depa tu e of itize s of Uk ai e. A o di g to A ti le of this la , the

rules for crossing the state border of Ukraine by citizens of Ukraine are established by the Cabinet of

Ministers of Ukraine.

The p o edu e fo ossi g the state o de

itize s of Uk ai e is egulated Resolutio

, O the

Approval of the Rules for Crossing the State Border by Citizens of Ukraine

. The esolutio dates f o

1994 and since 24 February 2022, it has been amended more than 15 times.

1.2.1. Categories of people allowed to cross the border

Resolution no. 57, Article 2, subparagraphs 1

–

13 specify the rules regarding border crossing and leaving

the country for a Ukrainian citizen during martial law.

According to the subparagraphs, the individuals

allowed to leave Ukraine during martial law are:

Article 2.1

–

Disability



Persons with a disability;



Spouses to persons with a disability;

Persons providing permanent care for persons with disabilities of group I or II;

Parents, guardians, custodians, adoptive or foster parents who have responsibility for a child under

the age of 18 with a disability;

Parents dependent on an adult child who is a person with a disability of group I or II;

Grandmothers, grandfathers, adult siblings, stepmothers and stepfathers accompanying a child

with a disability if they do not belong to the category of persons subject to conscription of military

service during mobilisation;

Family members of first-degree kinship or another person accompanying persons in need of

constant care;

Ukraine,

З ко Ук

П о по док

ду Ук

' ду Ук

у о д Ук

[La of Ukrai e O the

procedure for leaving Ukraine and entering Ukraine for citizens of Ukraine],

1994, latest amendment 30 November

2021,

url

Ukraine,

З ко Ук

П о по док

ду Ук

' ду Ук

у о д Ук

[La of Ukrai e O the

procedure for leaving Ukraine and entering Ukraine for citizens of Ukraine],

1994, latest amendment 30 November

2021, article 3,

url

Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the state order y itize s of

Ukraine],

Resolution no. 57, 27 January 1994, latest amendment 18 April 2022,

url

Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules

for crossing the state border by citizens of

Ukraine],

Resolution no. 57, 27 January 1994, latest amendment 18 April 2022, article 2, paragraph 1-13,

url

Verkhovna Rada of Uk

ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

paragraphs 1-13,

url

Ve kho a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 1,

url

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE



Guardians of persons with a disability, recognised by the court as incapable or if a guardian has not

been appointed, a family member of the first or second degree of consanguinity;

Persons with disabilities or other persons in need of constant care living in care facilities can be

a o pa ied the i stitutio s e plo ees ith the autho isatio of the di e to o the

deputy)

of the institution:

Male citizens aged 18 to 60 can cross the border during martial law without persons or

children with disabilities or in need of constant care if the purpose is to stay with a person

or child in the above-mentioned categories. The male citizen must return to Ukraine no

later than the return of the person whom they accompanied.

Article 2.2

–

Persons accompanying children with diseases



Children suffering from the following diseases can be accompanied by the mother and/or a parent;

a guardian; a custodian; one or both adoptive parents; foster parents who provide such support:

Severe perinatal damage to the nervous system;

Severe congenital malformations;

Rare orphan diseases;

Oncological, oncohematological diseases;

Cerebral palsy;

Severe mental disorders;

Type I diabetes (insulin-dependent);

Acute or chronic kidney diseases of the IV degree;

A child who received a severe injury; needs an organ transplant or needs palliative care.

Article 2.3

–

Persons accompanying orphans or children without parental care or in foster care



Orphans and/or children below 18 years deprived of parental care who reside/are enrolled in

orphanages or other institutions for child rearing or similar;



Children who are not orphans or deprived of parental care, but who are enrolled in institutions of

child rearing or similar or foster care.

Article 2.4

The Cabinet of Ministers deleted this article on 12 March 2022.

Ve kho a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules

for crossing the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 2,

url

Verkhovna Rada of

Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution no. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 3,

url

Ve kho a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution no. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 4,

url

The paragraph included rules for orphans or children deprived of parental care. The rules were simplified and

included in Article 2, paragraphs 1, 2 and 3

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Article 2.5

–

Persons accompanying people or children with disabilities



(No more than two) individuals accompanying a person with disabilities of Group I or children with

disabilities.

Article 2.6

–

Persons not subjected to call-up for military service



Persons liable for military service, but who are not subject to a call-up for military service during

mobilisation. This provision does not apply to persons specified in Article 23.2–23.8 of the

Law of

Ukraine on Mobilisation Preparation and Mobilisation.

Article 2.7

–

Injured persons from the Defense and Security Forces of Ukraine



Persons injured during the fighting against the Russian aggression for treatment abroad;



One family member to a person from the Defence and Security Forces of Ukraine injured during the

fighting against the Russian aggression.

Article 2.8

–

Drivers I



Persons designated as drivers of cargo of medical aid, humanitarian aid, cargo or vehicles for the

Armed Forces or other military formations for a period of maximum 30 calendar days.

Article 2.9

–

Drivers II



Drivers of vehicles of business entities with a license to carry out economic activities in the

international transport of goods and passengers for a period of maximum 60 calendar days:

One driver for cargo vehicles;

Two drivers for passenger vehicles.

Verkhovna Rada of

Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 5,

url

Ve kho a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 6,

url

Ve kho a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the

Rules for crossing the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 7,

url

Verkhovna Rada

of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 8,

url

Ve kho a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 9,

url

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Article 2.10

–

Persons working with railway transport



Employees of enterprises of railway transport;



E plo ees of JSC Uk ai ia Rail a s .

Article 2.11

–

Athletes



Athletes of the national teams of Ukraine (in Olympic and non-Olympic sports and sports of persons

with disabilities) and coaches, sports referees and specialists;



Athletes and coaches included in the teams of sports clubs of the highest divisions in game sports,

as well as persons who provide for organisational, scientific and methodological medical support

and sports referees.

Article 2.12

– Ships’ cre



Male citizens aged 18-60 years, working on seagoing vessels or inland navigation vessels as part of

crew or training.

Article 2.13

–

Aviation personnel



Male citizens aged 18-60 years, working as aviation personnel, state inspectors for aviation

supervision or persons authorised to conduct inspections of the State Aviation Service;



E plo ees of the State A iatio E te p ise Uk ai e fo

o k o si ulato t ai i g a

road.

1.2.2. Legal uncertainties

As noted above, several sources highlighted that the legislation was unclear and open to many different

interpretations. This part will cover the ambiguities in the legislation, while

section 3.2

will cover

inconsistencies regarding the practical situation at the Ukrainian Border Crossing Points (BCPs).

While the p eside t s de ee o

a tial la a d o ilisatio did ot efe to a t a el a , the head of the

Ukrainian State Border Guard Service (SBGS) announced the travel ban on the same day of the introduction

of the martial law.

According to a report from the Ukrainian National Agency on Corruption Prevention

(NACP), the head of the SBGS at 08:38 pm on 24 February 2022 sent a letter to all bodies of the SBGS

Ve kho a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro

al of the Rules for crossing the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 10,

url

Verkho

a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 11,

url

Ve kho a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al of the Rules for rossi g the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 12,

url

Ve kho a Rada of Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the approval

of the Rules for crossing the

state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2,

subparagraph 13,

url

OHCHR,

Situation of human rights in Ukraine in the context of the armed attack by the Russian Federation: 24

February

–

15 May 2022,

30 June 2022,

url,

p. 41-42

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ordering the ban of departures of Ukrainian male citizens aged 18 to 60 years for the period of the martial

law regime. In the letter, there was no reference to any legally defined grounds for the travel ban.

Furthermore, the letter was the first official document that established the travel ban, including the

specifications of the ban.

At 11:33 pm on 24 February 2022, the official website of both the Cabinet of Ministers of Ukraine and the

SBGS publicly announced the temporary restrictions on the departure from Ukraine for a certain category

of citizens.

OHCHR noted that neither the martial law nor the travel ban of the SBGS provided a clear justification for

its application to the majority of the male citizens. Furthermore, the OHCHR received information that even

men not covered by the general mobilisation decree were prevented from leaving the country.

According to a thorough analysis conducted by the NACP, there were clear inconsistencies in the legislation

related to the travel ban. There are

legal a ts egulati g Uk ai ia itize s ights to oss the state

border. The primary legal act is the Constitution of Ukraine, which guarantees fundamental rights and

freedoms, including the right to leave the territory of the state, except for restrictions clearly established by

law. Martial law can impose some restrictions, but only on a temporary basis.

In addition to the Constitution, the

Law of Ukraine on the Procedure for Departure from Ukraine and Entry

into Ukraine by Citizens of Ukraine

regulates the rights of citizens to leave the country. According to Article

1, a citizen of Ukraine has the right to leave Ukraine, except in cases provided for by this Law. Article 6

describes the exceptional grounds for temporary restrictions such as knowledge of state secrets, ongoing

criminal proceedings or conviction, evasion of obligations imposed by a court etc. Martial law or a general

mobilisation does not appear in the law as legal grounds for a travel ban.

Furthermore, neithe

the p eside t s de ee o

the introduction of martial law

nor the decree on general

mobilisation

referred to travel restrictions. The decree on martial law did only allow for restrictions as a

future possibility.

A o di g to NACP, the SBGS a ouncement

of the introduction of the travel ban was a consequence of

the p eside t s de ee o

a tial la . Ho e e , NACP oted that the SBGS

is not a military command body

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp.

113-172

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp.

113-172

OHCHR,

Situation of human rights in Ukraine in the context of the armed attack by the Russian Federation: 24

February

–

15 May 2022,

30 June 2022,

url,

p. 41-42

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp.

113-172

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp.

113-172

Uk ai e, П е де�½т Ук �½ [P eside t of Uk ai e],

Ук П е де т Ук

№6 /

П о еде

оє о о т у Ук

[De ree of the Preside t of Ukrai e No. 6 /

O the i trodu tio of artial la i

Ukraine],

24 February 2022,

url

Uk ai e, П е де�½т Ук �½ [P eside t of Uk ai e],

Ук П е де т Ук

№69/

П о

ль у

о л

, [De ree of the Preside t of Ukrai e No. 69/

O Ge eral Mo ilisatio

], 24 February 2022,

url

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp.

113-172

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and is therefore not authorised to introduce such a restriction by virtue of Article 19 of the Ukrainian

Constitution.

Based on the above, NACP concluded that the restriction was in itself unlawful and would lead to negative

socio-economic and legal consequences such as increased corruption risks and inequality before the law.

According to OHCHR, the travel ban resulted in a differential treatment of the Ukrainian population,

because it was only applicable to men. On 29 March and 1 April 2022, the Cabinet of Ministers extended

the travel ban to all persons subject to mobilisation.

See section 1.4 for women covered by the travel ban.

The ban, however, was still affecting men disproportionately, since broader categories of men were subject

to mobilisation than women.

An International Organisation based in Ukraine noted that the martial law did not provide a clear

justification for the travel ban applicable for the majority of the male population, making it difficult to

determine whether such measures were necessary to maintain service in the army.

Furthermore, there was an inconsistency between the aims and means of the travel ban. The travel ban

applied to the majority of the male population, including those exempted from military service and

mobilisation. The same was the case with students enrolled in foreign educational institutions who were

allowed to cross the border until the end of the summer. Then, the SBGS suddenly changed the practice

and prohibited students from travelling abroad.

1.3. Legislation on military service, mobilisation and exemptions

Every Ukrainian citizen has an obligation to make an effort to defend the country in case of war or similar.

Article 65 of the Ukrainian Constitution stipulates that the defence of the country, its independence and

territorial integrity is the duty of every citizen of Ukraine.

1.3.1. Military service

The Law of Ukraine on Military Duty and Military Service

regulates the general principles of the

performance of military service.

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp.

113-172

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp.

113-172

OHCHR,

Situation of human rights in Ukraine in the context of the armed attack by the Russian Federation: 24

February

–

15 May 2022,

30 June 2022,

url,

p. 41-42

International Organisation based in Ukraine: 20

International Organisation based in Ukraine: 21

A non-Ukrainian Organisation working in Ukraine: 5; Ukraine,

Constitution of Ukraine,

official translation, 28 June

П о

ько

о о ' ок

ько у лу у

1996, latest amendment December 2019,

url;

Ukraine,

З ко Ук

[Law of Ukraine on Military Duty and Military Service],

1992, latest amendment 12 January 2023, article 1.1,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023,

url;

Ministry of Defence and State Border Guard Service: 1

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In relation to military duty, the citizens of Ukraine are divided into the following categories:



Pre-conscripts

–

persons subject to registration at conscription stations;

Conscripts

–

persons assigned to conscription stations;

Military personnel - persons undergoing military service;

(Reserve) Conscripts - persons who are in the reserve to equip the Armed Forces of Ukraine and

other military formations for a special period, as well as to perform work to ensure the defence of

the state;

Reservists

–

persons who serve in the military reserve of the Armed Forces of Ukraine, and other

military formations and are assigned to their staffing in peacetime and in a special period.



According to article 2 of the law, the following types of military service are established:



Active military service;

Military service under the contract of private members;

Military service under the contract of non-commissioned sergeants and non-commissioned petty

officers;

Military service under the contract of officers;

Military service by conscription of officers;

Military service (training) of cadets of higher military educational institutions, as well as higher

educational institutions including military institutes, military training faculties, military training

departments and military training offices;

Military service by conscription during mobilisation for a special period;

Military service by conscription of reservists in a special period.



When a person turns 17 in the year of enrolment, he is assigned to the local conscription centre for

registration.

Thereafter, there will be a check on the suitability of the person to perform military service,

including a medical examination. From the moment a person has been evaluated as ready to perform

military service, they will be transferred to the reserves in case of mobilisation or similar.

Article 15 of the

law states that males aged 18 to 27 years are eligible for conscription unless they are exempted or their

military service has been postponed.

The length of service is up to 18 months, and 12 months for persons

with

a aste s deg ee at the ti e of o s iptio fo ilita se i e.

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023, article 1.9,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023, article 2.6,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023, article 14.3,

url

UK Home Office,

Country Policy and Information Note, Ukraine: Military service,

June 2022,

url,

p. 17-18; Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d Military Ser i e],

1992, latest amendment 12 January 2023, article 11,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023, article 15.1,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023, article 23.1,

url

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1.3.1.1 Deferment from conscription for military service

Article 17 in the

Law on Military Duty and Military Service

regulates the rules for the postponement of

military service on a temporary basis. In general, postponement is granted to conscripts by the decision of

the district conscription commission based on circumstances

elated to o e s fa il

, health, or due to

educational or professional activities.

The legal reasons for postponement for reasons

elated to o e s fa il

are:



Persons (conscripts) with disabled parent(s) or disabled persons under the guardianship, care or

support of the conscript;

Conscripts who support minor relatives (siblings) or other relatives without other adult guardians;

Conscripts with a child under the age of three years;

Conscripts with two or more children;

Conscripts with a pregnant wife;

Conscripts who are orphans or deprived of parental care;

If several sons are subject to conscription at the same time, a postponement may be granted to

one of them;

If the economic situation of a family will worsen significantly, if the conscript is summoned.

Health-related reasons:



Conscripts recognised by a medical commission as temporary unfit for service can be deferred for a

period of up to one year.

Educational reasons:



Conscripts who are studying in or outside Ukraine can obtain deferment for the entire period of

studies.

Professional reasons:



Pedagogical workers;

Medical workers;

Clerics;

Village, settlement or city heads for the period of their performance of these powers;

Persons with the degree of doctor (philosophy, sciences, arts) who work within their speciality;

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai

Military Service],

1992, latest amendment 12 January 2023, article 17.1,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai

Military Service],

1992, latest amendment 12 January 2023, article 17.2,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai

Military Service],

1992, latest amendment 12 January 2023, article 17.7,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai

Military Service],

1992, latest amendment 12 January 2023, article 17.8-17.9,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai

Military Service],

1992, latest amendment 12 January 2023, article 17.13,

url

e o Military Duty a d

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

Members of the police, civil protection service, State Bureau of Investigation and employees of the

Court Security Service for the entire period of their service.

Other reasons:



Conscripts who have been notified of a suspicion of committing a criminal offence until the

relevant decision has been made.

1.3.1.2. Exemption from conscription for military service

Article 18 of the

Law on Military Duty and Military Service

regulates the legal reasons for permanent

exemption from conscription for military service.

Persons exempted from military service are:



Persons recognized as disabled or unfit for military service in peacetime due to their health;

Persons who have reached the age of 27;

Persons who fulfilled their duties in the military reserve during the terms of the first and second

contracts;

Persons whose parents or siblings died or became disabled during military service (The decision is

voluntary of the conscript);

Persons who raise a child with a disability under the age of 18;

Persons who raise a child with serious diseases;

Persons who are supporting a sick spouse, child or parents in need of constant care;

Persons with a spouse and/or parents or another individual with a disability of Group I or II for

whom the person is responsible for;

Persons who completed military service in another state before acquiring Ukrainian citizenship;

Persons who were convicted of a criminal offence with deprivation of liberty, restriction of liberty,

including exemption from serving the sentence;

Persons who were awarded military (special) ranks of officers after graduation from institutions of

higher education.

The law also states that during a period of martial law, conscription for military service is not carried out.

1.3.2. Mobilisation

The president of Ukraine signed the decree On General Mobilisation on 24 February 2022, declaring the

mobilisation of persons liable for military service. According to the legislation, the president determines the

type, scope and term of the mobilisation. The president can prolong the mobilisation if the situation

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023, article 17.14,

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023, article 18,

url

The reasons mentioned in the law are: severe perinatal damage to the nervous system, severe congenital

malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental

disorders, diabetes mellitus type I (insulin-dependent), acute or chronic kidney diseases of the IV degree, a child who

received a serious injury, needs an organ transplant, needs palliative care.

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty and

Military Service],

1992, latest amendment 12 January 2023, article 18,

url

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

UK R AINE : E X I T RU LE S, E XE M P TIO NS F RO M M IL I T AR Y SE R VI CE /M O BIL I S A T ION D URI N G M AR T IA L

LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

causing the mobilisation requires it to be. Furthermore, the Ukrainian Parliament has to approve the

decree by formally putting it into law.

The legal basis of mobilisation in Ukraine is the

Law on Mobilisation Preparation

a d Mo ilisatio

, which

determines the principles of organisation, powers of state authorities, other state bodies and

responsibilities of officials and duties of citizens in terms of implementation of mobilisation measures.

The law defines the framewo

k i ase of pa tial o full o ilisatio . A ti le defi es the itize s

responsibilities, such as appearing on call to the territorial centre of recruitment, or being involved in

defensive work if the person is part of the reserves, but not called up for service, etc.

Article 23 establishes the range of persons not subject to conscription for military service during

mobilisation.

The article distinguishes between two definitions of exemptions: Persons not subject to

mobilisation and persons temporarily not subject to mobilisation.

According to article 23, persons deferred from conscription during mobilisation are:



Persons reserved for work in public authorities, other state bodies, local self-government bodies, as

well as enterprises, institutions and organisations defined by the Cabinet of Ministers;

Persons with disabilities or temporary unfit for military service for health-related reasons for a

period of up to six months;

Women and men with three or more dependent children under the age of 18;

Women and men raising a child (children) under the age of 18 on their own;

Women and men, guardians, caregivers, and foster parents raising a child with a disability under

the age of 18;

Women and men, guardians, caregivers, foster parents, parents-educators raising a child with a

serious disease;

Women and men dependent on an adult child with disabilities of group I or II;

Adoptive parents, guardians, trustees, foster parents or parents-educators, whose dependents are

orphans or children deprived of parental care under the age of 18;

Persons

a d the pe so s spouse

engaged in constant care for a sick spouse, child or parents;

Persons with a spouse; parents

o spouse s pa e ts

with a disability of group I or II;

A non-Ukrainian Organisation working in Ukraine: 4; Ukraine,

З ко Ук

П о о л

у п д ото ку т

о л

[La of Ukrai e o Mo ilisatio Preparatio a d Mo ilisatio

], 1993, latest amendment 13 December

2022, Article 4,

url

Ukraine,

З ко Ук

П о о л

у п д ото ку т о л

[La of Ukrai e o Mo ilisatio

Preparation and Mobilisation],

1993, latest amendment 13 December 2022, Article 1-3,

url

Ukraine,

З ко Ук

П о о л

у п д ото ку т о л

[La of Ukrai e o Mo ilisatio

Preparation and Mobilisation],

1993, latest amendment 13 December 2022, Article 22,

url

A non-Ukrainian Organisation working in Ukraine: 6-7; Ukraine,

З ко Ук

П о о л

у п д ото ку т

о л

[La of Ukrai e o Mo ilisatio Preparatio a d Mo ilisatio

], 1993, latest amendment 13 December

2022, Article 23,

url

A non-Ukrainian Organisation working in Ukraine: 6-7

Verkhovna Rada of Ukraine,

З ко Ук

П о о л

у п д ото ку т о л

[Law of Ukraine on

Mobilisation Preparation and Mobilisation],

1993, latest amendment 13 December 2022, Article 23,

url

The reasons mentioned in the law are: severe perinatal damage to the nervous system, severe congenital

malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental

disorders, diabetes mellitus type I (insulin-dependent), acute or chronic kidney diseases of the IV degree, a child who

received a serious injury, needs an organ transplant, needs palliative care.

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

UK R AINE : E X I T RU LE S, E XE M P TIO NS F RO M M IL I T AR Y SE R VI CE /M O BIL I S A T ION D URI N G M AR T IA L

LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE



Guardians or persons engaged in constant care in the absence of other persons for an individual

with a disability of group I or II, recognised by a court as incapacitated or for a person who needs

constant care;

Women and men with a minor child and a spouse who performs military service;

Deputies of the Verkhovna Rada

of Ukraine and of the Autonomous Republic of Crimea;

Employees of military authorities (governing bodies), military units (subdivisions), enterprises,

institutions and organizations of the Ministry of Defence of Ukraine, the Armed Forces of Ukraine,

the State Service for Special Communications and Information Protection of Ukraine, the Security

Service of Ukraine, the Foreign Intelligence Service of Ukraine, the National Guard of Ukraine, the

State Border Guard Service of Ukraine, the National Police of Ukraine, the Bureau of Economic

Security of Ukraine, the National Anti-Corruption Bureau of Ukraine, State Bureau of Investigations,

State Executive Service of Ukraine and Department of State Protection of Ukraine.

Persons temporarily not subject to mobilisation are:



Applicants for professional (vocational), professional pre-higher and higher education, assistant

trainees, graduate students and doctoral students studying full-time or dual forms of education;

Scientific and scientific-pedagogical workers of institutions of higher and professional pre-higher

education, scientific institutions and organisations that have an academic title and/or scientific

degree, and pedagogical workers of vocational (technical) education institutions, general secondary

education institutions;

Women and men whose close relatives (husband, wife, son, daughter, father, mother, grandfather,

grandmother or full brother or sister) died or went missing during the anti-terrorist operation;

Women and men whose close relatives (husband, wife, son, daughter, father, mother, grandfather,

grandmother or full brother or sister) died or went missing during the implementation of measures

to ensure national security and defence, repulse and deter armed aggression of the Russian

Federation in Donetsk and Luhansk regions, as well as during national security and defence, repulsion

and deterrence of armed aggression against Ukraine during martial law.



1.4. Women and mobilisation to military service

Article 65 of the Constitution of Ukraine states that the duty to protect the country applies to all citizens.

The

Law of Ukraine on Military Duty and Military Service

defines the duty in the same manner, imposing

the duty on all citizens regardless of gender.

Most women are generally not covered by conscription or mobilisation. However, some categories of

women are obligated to register in the military registry, while others can register voluntarily. The obligation

Parliament

Verkhovna Rada of Ukraine,

З ко Ук

П о о л

у п д ото ку т о л

[Law of Ukraine on

Mobilisation Preparation and Mobilisation],

1993, latest amendment 13 December 2022, Article 23,

url

Ukraine,

Constitution of Ukraine,

official translation, 28 June 1996, latest amendment December 2019, Article 65.1

url

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023, article 1.1,

url

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

depends on the profession and/or speciality of the woman. Furthermore, the woman in question must

qualify as fit for military service and be within the age category between 18 to 60 years.

On 30 December 2022, the Cabinet of Ministers adopted a new procedure for military registration of

conscripts and reservists. The government provided for the military registration of female doctors and

eated the U ified State Registe of Co s ipts.

Therefore, female doctors, nurses and pharmacists who

graduated from medical universities or pharmaceutical institutions are subject to mandatory military

registration.

Throughout 2022, this step was followed by a fierce discussion about the military registration

of women. The new procedure clarified the categories of women subject to military registration.

Medical and pharmaceutical educational institutions must submit lists of female students to the territorial

recruitment and social support centres two months before the end of their studies. After the completion of

training, female doctors, nurses and pharmacists receive a temporary conscript certificate and enter into

the U ified State Registe of Co s ipts a d Rese ists. Afte e ei i g the e tifi ate, a o a

ust

present it at the military staffing centre within 7 days.

Women who are on the military registration list may be conscripted into military service or work to ensure

the defence during wartime. In peacetime, women can only be accepted for military service and service in

the military reserve on a voluntary basis.

According to the Ukrainian NGO,

Europe Without Borders,

not a

single woman has been forcibly mobilised into the army since 2014.

The law on Military Duty and Military Service states that women perform military duty on an equal basis

with men, except in cases of maternity and childhood protection. This includes voluntary acceptance (under

contract) and conscription, passing military service, serving in the military reserve, performing military duty

in the reserve and observing the rules of military accounting.

O to e

, the Mi ist of Defe e issued O de No.

On the approval of the List of

specialities and/or occupations related to relevant military occupational specialities after acquiring which

women are registered for military service and the List of specialities and/or occupations related to relevant

military occupational specialities.

The list categorises 14 specialities and professions. Women holding

UK Home Office, Country Policy and Information Note,

Ukraine: Military service,

June 2022,

url, p.22;

Ukraine,

З ко

Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d Military Ser i e],

1992,

latest amendment 12 January 2023, article 1.11,

url

EWB: 11-12; Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military

Duty and Military Service],

1992, latest amendment 12 January 2023, article 1.11,

url

EWB: 12

EWB: 13

UK Home Office,

Country Policy and Information Note, Ukraine: Military service,

June 2022,

url, p. 22;

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у

[Law of Ukraine on Military Duty and Military Service],

1992, latest amendment 12 January 2023, article 1.12,

url

EWB: 12

Ukraine,

З ко Ук

П о

ько

о о ' ок

ько у лу у [La of Ukrai e o Military Duty a d

Military Service],

1992, latest amendment 12 January 2023, article 1.12,

url

EWB: ; Uk ai e, М �½ те т о О о о�½ Ук �½ ,

Н к №

,П о т е д е

Пе ел ку пе ль о те

т / о п о е , по д е

дпо д

ько о-о л ко

пе ль о т

, п л оде

к е уть

ько

о лк

ько о о о ’

т Пе ел ку пе ль о те т / о п о е ,

по д е

дпо д

ько о-о л ко

пе ль о т

[Ministry

of Defence of Ukraine, Order No.

313, On the approval of the List of specialities and / or professions related to the relevant military accounting

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

one of these professions or specialities can register on a voluntary basis for the military register. The

categories are:



Chemistry, chemical technologies and engineering, biology;

Telecommunications and radio engineering;

Software engineering, computer science, information systems and technologies, computer

engineering, system analysis, cyber security, micro- and nanosystem engineering, automation and

computer-integrated technologies;

Metrology and information-measuring technology;

Earth sciences, geography, physics and astronomy;

Food technology, the technology of production and processing of animal husbandry products;

Provision of troops, weapons and military equipment, technologies of light industry;

Physical therapy, occupational therapy, medical and psychological rehabilitation, public health,

physical rehabilitation, industrial pharmacy, sanitation and expertise;

Stomatology, medicine, nursing, pharmacy, technologies of medical diagnosis and treatment;

Biomedical engineering, biotechnology and bioengineering;

Veterinary medicine, veterinary hygiene;

Accounting and taxation, marketing, management, entrepreneurship, economics, finance, banking

and insurance;

Publishing and printing;

Psychology, social work, social welfare.



For a woman to be registered in the military register with the above-mentioned specialities and

professions, the person in question has to present documentation of education and a workbook,

confirming her experience, to the military commissariat.

1.4.1. Women covered by the travel ban

Initially, women were not covered by the travel ban issued by the SBGS on 24 February 2022. However, on

29 March and 1 April 2022, the Cabinet of Ministers extended the travel ban to cover all persons subject to

mobilisation.

specialities, after which women are accepted for military registration of those liable for military service and the List of

specialities and / or professions related to the relevant military accounting specialities],

11 October 2021,

url

EWB: ; Uk ai e, М �½ те т о О о о�½ Ук �½

Н к №

,П о т е д е

Пе ел ку пе ль о те

т / о п о е , по д е

дпо д

ько о-о л ко

пе ль о т

, п л оде

к е уть

ько

о лк

ько о о о ’

т Пе ел ку пе ль о те т / о п о е ,

по д е

дпо д

ько о-о л ко

пе ль о т

[Mi istry of Defe e of Ukrai e, Order No.

313, On the approval of the List of specialities and / or professions related to the relevant military accounting

specialities, after which women are accepted for military registration of those liable for military service and the List of

specialities and / or professions related to the relevant military accounting specialities],

11 October 2021,

url

EWB: 18

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp.

113-172; OHCHR,

Situation of human rights in Ukraine in the context of the armed attack by the Russian Federation: 24

February

–

15 May 2022,

30 June 2022,

url,

p. 42

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

On 27 January 2023, the Cabinet of Ministers amended the border crossing rules following a discussion on

government officials crossing the border for leisure purposes. The amendment listed a number of

categories of officials, including women, who were covered by the new rules of departure.

The categories are:



National deputies of Ukraine;

Ministers and their deputies;

Prosecutors;

Deputies of local councils;

Heads (and their deputies) of bodies and services established by the President of Ukraine;

Heads of the Office (and their deputies) of the President of Ukraine, the staff of the Verkhovna

Rada of Ukraine, the Security Service of Ukraine, the National Bank of Ukraine, the secretary of the

National Security and Defence Council;

Heads (and their deputies) of state unitary enterprises;

Heads (and their deputies) of central authorities;

Heads (and their deputies) of local administrations;

Judges (including the Constitutional Court);

State Secretaries of Ministries and Cabinet of Ministers of Ukraine;

Heads (and their deputies) of other state bodies;

Heads (and their deputies) and members of the Accounting Chamber, the Central Election

Commission, the National Television Council, and other state collegial bodies;

Management of companies in which more than 50 percent are directly or indirectly owned by the

state;

Heads of structural subdivisions of state bodies and local self-government bodies;

Other employees booked for the period of mobilisation and wartime by the authorities.



The amendment included some exceptions to the travel ban of the above-mentioned categories. The

exceptions are:



Officials (male and women) leaving for authorised business trips;

Officials (male and women) who are single parents and have a child(ren) under the age of 18:

For visits outside Ukraine;

To accompany the children to travel outside Ukraine;

Officials (male and women) who depart for treatment abroad (provided that an appropriate letter

from the Minister of Health is presented at the border);

Officials whose relatives of the first or second degree of consanguinity died abroad.



EWB: 1; Ukraine, President of Ukraine,

Officials will no longer be able to travel abroad for non-governmental

purposes - President's address,

23 January 2023,

url

EWB: 1

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

There are also specific exceptions for female officials who can visit their minor children abroad if they

present the following documents:



Birth certificate of the minor child(ren);

Certified copy of the certificate or birth certificate of minor children;

Another document confirming that the woman has a minor child(ren);

There must also be a note in the register of the SBGS that the child(ren) crossed the state border. If such a

note is not present, the woman

ust p o ide a e tifi ate f o the Uk ai ia o sulate i the hild e s

country of residence. In accordance with this, female civil servants can cross the border of Ukraine without

hindrance with their child(ren).

EWB: 1

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

2. Documentation

2.1. General documentation

The legislation that regulates the departure of Ukrainian citizens abroad is the

Law of Ukraine on the

Procedure for Exiting/Entering the Territory of Ukraine by Ukrainian Citizens

According to Article 2 of the

law, Ukrainian citizens need to present one of the following documents when exiting or entering state

borders:

Ukrainian passport

;

Diplomatic passport;

Service passport;

Seafarer s passport;

e e s e tifi ate

Identity card

–

for return to Ukraine.

As an extraordinary procedure during martial law, the State Border Guard Service of Ukraine (SBGS)

adopted an internal procedure, allowing only people originating from areas occupied by Russian forces and

areas of hostilities to exit from Ukraine on an internal passport. The requirement was that the persons did

not hold residential registration in other parts of Ukraine. If they at one point had obtained a residential

registration in another place in Ukraine, they were obliged to issue a foreign passport at the area of

registration.

A Ukrainian citizen from the territories of active hostilities can only exit Ukraine one time with an internal

passport. If the same person exits Ukraine more than once, the person is obliged to present the formal

Ukrainian passport for travel abroad.

2.2. Document requirements during martial law

The requirements for supporting documents for crossing the border for Ukrainian citizens during the period

of martial law are described in article 2.1–2.13 in

Resolution No. 57 of the Cabinet of Ministers, Rules for

Crossing the State Border of Ukraine by the Citizens of Ukraine

Ukraine,

З ко Ук

П о по док

ду Ук

' ду Ук

у о д Ук

[La of Ukrai e O the

procedure for leaving Ukraine and entering Ukraine for citizens of Ukraine],

1994, latest amendment 30 November

2021,

url

It is the so-

alled

foreign passport

, a d ot to e o fused ith the

internal passport,

hi h is a Uk ai ia

internal identity document.

Sailo s ide tit a d

Non-Ukrainian Organisation working in Ukraine: 10; Ukraine,

З ко Ук

П о по док

ду Ук

' ду

Ук

у о д Ук

[La of Ukrai e O the pro edure for lea i g Ukrai e a d e teri g Ukrai e for itize s of

Ukraine],

1994, latest amendment 30 November 2021,

url

SBGS: 31; R2P: 3

R2P: 18

Non-Ukrainian Organisation working in Ukraine: 11-

; Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of

Ukraine],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al

of the Rules for crossing the state border by citizens of Ukraine],

Resolution no. 57, 27 January 1994, latest

amendment 18 April 2022, article 2, paragraph 1-13,

url

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

According to the rules, the documentation requirements for each category are:



Persons with disabilities:

A certificate confirming the relevant status, or;

A pension certificate, or;

A certificate confirming the appointment of social assistance in accordance with the Laws

of Ukraine, which indicates the group and cause of disability, or;

Certificates for receiving benefits by persons with disabilities who are not entitled to

pension or social assistance, according to the form approved by the Ministry of Social

Policy.

Persons accompanying a spouse with a disability:

Documents confirming family ties and disability.

Persons acco

pa i g o e of thei o spouse s pa e ts ith

a disability:

Documents confirming family ties, marriage, and disability;

Documents of cohabitation or responsibility as caregiver confirmed by an act that

establishes the role as caretaker or documents (certificates) on receiving compensation

(benefits, allowances) for care

Persons providing permanent care for and accompanying persons with disabilities:

Documents (certificates) on receipt of compensation (benefits, allowances) for care, or;

Documents confirming disability, and;

Act of establishing the fact of providing care.

Parents, guardians, custodians, adoptive parents, foster parents accompanying a child under the

age of 18 of their responsibility:

The hild s i th e tifi ate,

or;

Documents confirming the relevant authority of a person accompanying a child with a

disability (in the case of being accompanied by a guardian, one or both adoptive parents, or

foster parents);

Certificate confirming the appointment of social assistance, which specifies the status of

"child with a disability", or;

Certificate of receipt of state social assistance for children with a disability.

Parents accompanying a dependent adult child with a disability:

Birth certificate and;

Documents confirming the disability.

Grandmothers, grandfathers, adult siblings, stepmothers, stepfathers (if they are subject to

conscription for military service during mobilisation) who accompany children with disabilities:

Supporting documents and;



Non-Uk

ai ia O ga isatio o ki g i Uk ai e: ; Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of

Ukraine],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al

of the Rules for crossing the state border by citizens of Ukraine],

Resolution no. 57, 27 January 1994, latest

amendment 18 April 2022, article 2, paragraph 1,

url

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE



Documents confirming family ties.

Persons in need of constant care:

Accompanied by one of the family members of the first degree of consanguinity.



Documents confirming family ties and;



Conclusion of the medical advisory commission of the health care institution about

the need for constant external care.

Accompaniment of a person, who provides permanent care for the specified persons:



Documents (certificates) on receipt of compensation (benefits, allowances) and;



Conclusion of the medical advisory commission of a health care institution on the

need for permanent external care and;



Act of establishing the fact of providing care.

Guardians accompanying persons (recognised by the court as incapable) with a disability:

Decision on the appointment of a guardian for such a person and;

In case a guardian has not been appointed for such a person, an adult family member of

the first or second degree of consanguinity:



Documents confirming family ties, and disability.

Men between the ages of 18 and 60 crossing the border independently having a child with a

disability or a person in need of constant care:

Certificate of registration at the Ukrainian consulate at the place of residence of the child

or person;

Documents giving the right to leave (Disability and family ties confirmation or guardianship

documentation).

Mother and/or father, guardian, custodian, one or both adoptive or foster parents accompanying a

child suffering from the approved type of diseases:

100

Certificate of receipt of state aid for a child suffering from certain diseases, or;

A document issued by the medical advisory commission of a health care institution, and;

Documents confirming family ties (in the case of accompaniment by the mother and/or

father), or;

Documents confirming the relevant authority of the person accompanying such a child (in

the case of accompaniment by a guardian, custodian, one or both adoptive parents, or

foster parents).

Injured persons from the defence and security forces for treatment abroad:

101

Passport of a citizen of Ukraine to travel abroad or;



Non-Uk

ai ia O ga isatio o ki g i Uk ai e: ; Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of

Ukraine],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al

of the Rules for crossing the state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest

amendment 18 April 2022, article 2, paragraph 2,

url

101

Non-Ukrainian Organisation wo

ki g i Uk ai e: ; Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of

Ukraine],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al

of the Rules for crossing the state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest

amendment 18 April 2022, article 2, paragraph 7,

url

100

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

An internal passport of a citizen of Ukraine (in their absence - documents containing

information about the person) and;

Conclusion on the need for treatment abroad and;

Letter from the Ministry of Health on the agreement with the foreign country, incl. the

acceptance of a health care institution.

Drivers of medical cargo, and humanitarian aid for the needs of the Armed Forces or other military

formations:

102

Note on the appropriate decisions on traveling outside Ukraine from:



Military or law enforcement agencies;



Medical institutions;



Senders or recipients of humanitarian aid;

Information about the person in the Shliakh system.

103

Employees of railway enterprises:

104

Note on relevant decisions from:



Ministry of Infrastructure regarding employees of JSC Ukrainian Railways;



Regional or Kyiv city military administrations.

Athletes:

105

Note on the decision of the Ministry of Youth and Sports.

Males aged 18 to 60 working on sea vessels:

106

Cadets of educational

institutions:



Seafa e s ide tit a d;



Certificate from the educational institution confirming the practical training;



Military accounting documents with the appropriate marks of the district.

Persons travelling to work as a crew of ships:



Seafa e s ide tit a d;



Crew list;



Non-Uk

ai ia O ga isatio o ki g i Uk ai e: ; Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of

Ukraine],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al

of the Rules for crossing the state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest

amendment 18 April 2022, article 2, paragraph 8,

url

103

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, pp.

113-172

104

Non-Ukrainian O

ga isatio o ki g i Uk ai e: ; Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of

Ukraine],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al

of the Rules for crossing the state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest

amendment 18 April 2022, article 2, paragraph 10,

url

105

Non-Uk

ai ia O ga isatio o ki g i Uk ai e: ; Uk ai e, К �½ет М �½ т Ук �½ [Ca i et of Mi iste s of

Ukraine],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al

of the Rules for crossing the state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest

amendment 18 April 2022, article 2, paragraph 11,

url

106

Non-Uk

ai ia O ga isatio o ki g i Uk ai e: ; Uk ai e, К �½ет М �½ т Ук �½ [Ca inet

of Ministers of

Ukraine],

П о т е д е

л пе ет

де

о о ко до у о д

Ук

[O the appro al

of the Rules for crossing the state border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest

amendment 18 April 2022, article 2, paragraph 12,

url

102

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Confirmation from the Shipping Administration on receipt of copies of educational

and qualification documents.

Other persons travelling to work on sea vessels:



Seafarer's identity card;



Confirmation from the Shipping Administration on receipt of copies of educational

and qualification documents;



Military accounting documents with the corresponding marks of the district.





Aviation personnel, state inspectors for aviation supervision or persons authorised to conduct

inspections of the State Aviation Service, and employees of the State Aviation Enterprise

"Ukraine :

107

Concluded employment contract or concluded contract for simulator training;

Confirmation provided by the State Aviation Administration that the person belongs to

aviation personnel and has the appropriate certificate;

Order of the subject of aviation activity on a business trip of a person abroad.

Military registration documents

Permission to leave the place of residence

Order of the company for the business trip

2.3. Military documents

The procedure for documents issued to conscripts and reservists is described in Resolution 1487 from the

Cabinet of Ministers.

108

According to the resolution, the following documents are issued to military

personnel:

109



Conscripts

–

a certificate of registration at the conscription station;

Persons bound for military service

–

a military ticket or a temporary certificate of a conscript;

Reservists

–

a military ticket.

According to the Ministry of Defence, the certificate for military registration covers a specific area and

applies to the age category of 18–27, who are exempted from mobilisation. Young men aged 17 years are

Non-Ukrainian Organisation working in Ukraine: 13; Annex 3, NACP,

Background information on the categories of

persons liable for military service who are allowed to travel outside Ukraine during martial law;

Uk ai e, К �½ет

М �½ т Ук �½ [Ca i et of Mi iste s of Uk ai e],

П о т е д е

л пе ет

де

о о

ко до у о д

Ук

[O the appro al of the Rules for rossi g the state

border by citizens of Ukraine],

Resolution No. 57, 27 January 1994, latest amendment 18 April 2022, article 2, paragraph 13,

url

108

Uk ai e, по т �½о о №

К �½ету М �½ т Ук �½ ,

По док о

т еде

ько о о о л ку

п о

к ,

ько о о о ’

т е е

[resolution No. 1487, Cabinet of Ministers of Ukraine,

Procedure for organizing and maintaining military records of conscripts, conscripts and reservists],

30 December 2022,

url

109

Non-Ukrainian Organisation working in Ukraine: 15; Ministry of Defence and State Border Guard Service: 7;

Uk ai e, по т �½о о №

К �½ету М �½ т Ук �½ ,

По док о

т еде

ько о о о л ку

п о

к ,

ько о о о ’

т е е

[resolution No. 1487, Cabinet of Ministers of Ukraine,

Procedure for organizing and maintaining military records of conscripts, conscripts and reservists],

30 December 2022,

Article 20,

url

107

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issued the certificate in order to be registered to serve in a specific military area. The certificate contains

personal data and information on the status of their military service.

110

A person who is drafted or who concluded the military contract receives a military ticket from the unit in

which they were registered. The military ticket contains information about achievements, positions, titles,

ranks etc. Hence, men reaching the age of 27 are obliged under the regulations for mobilisation. The

territorial staffing centre is in charge of issuing a document that indicates whether someone is obliged for

mobilisation or issuing a temporary certificate for exemption from mobilisation.

111

Persons excluded from military service have a special note in their military document saying that they are

excluded from military service. In addition, a special mark with the Ukrainian trident appears in the note. If

a person is excluded based on a medical condition, they are provided with an annex (which is called annex

4) from the Military Medical Commission stating that the person should be excluded. If the exclusion is

based on a severe crime, the person is acquainted with a document from the court with the decision.

112

Persons exempted or excluded from military service have to receive the necessary documents prior to

receiving the exemption certificate from the territorial military staffing centres. Once the required

documents are obtained, they can receive the note/certificate that grants them exclusion or exemption

from drafting.

113

According to a non-Ukrainian Organisation working in Ukraine, line 15 in the military ticket of unranked,

sergeants and master-sergeant servicemen is reserved for the stamp as unfit for military service with

removal from military registration. Line 16 of the military ticket notes if the citizen is excluded from military

registration after reaching the maximum age of being in the reserves.

114

The same source noted that line 13 of the temporary certificate of a conscript informs whether a conscript

is included in or removed from the military register. The ground for exclusion is provided in line 14.

115

When a person is completely excluded from military service both in peacetime and during martial law, the

ilita ti ket ill state

excluded from military service

hi h i Uk ai e is alled a hite ti ket .

116

2.4. Databases used to verify documents

The State Border Guard Service of Ukraine (SBGS) has a set of databases to register information and verify

documentation given to the border guards at the border crossing points (BCP).

117

110

111

Ministry of Defence and State Border Guard Service: 8

Ministry of Defence and State Border Guard Service: 9

112

Ministry of Defence and State Border Guard Service: 11

113

Ministry of Defence and State Border Guard Service: 12

114

Non-Ukrainian Organisation working in Ukraine: 16

115

Non-Ukrainian Organisation working in Ukraine: 17

116

R2P: 19; Ministry of Defence and the State Border Guard Service: 11

117

Non-Ukrainian Organisation working in Ukraine: 18

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2.4.1.

Shliakh ШЛЯХ

Shliakh Шл , ea i g The Path, is a s ste ad i iste ed the Mi ist of I f ast u tu e a d the

State Service of Transport Safety (UkrTransBezpeka), which are used by the SBGS at the BCPs to verify

permissions to cross the border of men of conscription age.

118

The system has been in use since March 2022. The Shliakh system is storing information on men liable for

military service, thus enabling the authorities to enter data and hold records of male drivers, who are

allowed to cross the border for transport of military and medical equipment and humanitarian aid.

119

According to the Non-Ukrainian Organisation working in Ukraine, the military or medical authorities submit

the request to the Ministry of Infrastructure after which the information is forwarded to the SBGS for

approval. Subsequently, SBGS can grant the driver permission to cross the border.

120

The system is intended for obtaining permission for transportation during martial law in the following

cases:

121



International transportation of passengers by bus;

International transportation of dangerous goods and hazardous waste by trucks;

International transportation of goods by trucks (except transportation of dangerous goods and

hazardous waste).

As described in

section 3.4,

the National Agency for Corruption Prevention (NACP) highlighted the Shliakh

system as one of the most prevalent corruption schemes since 24 February 2022 and it still has a high risk

of abuse.

122

In general, according to the NACP, the system is flawed and there are no clear mechanisms in

place to detect abuse of information placed in the system such as databases of organisations or registers of

drivers.

123

On an overall level, the authorities have expressed willingness to optimise the system.

124

Since October

2022, the Ministry of Infrastructure and the UkrTransBezpeka have been hiring new people to administer

the Shliakh system. On social media, officials are announcing new amendments to the system and there

seems to be a higher tendency to report corruption cases. However, at the time of the drafting of this

report, the Cabinet of Ministers has not yet approved the necessary documents for the implementation of

improvements to the system.

125

According to the non-Ukrainian Organisation working in Ukraine, there have not been any regulations of

the system since March 2022.

126

118

119

Non-Ukrainian Organisation working in Ukraine: 18; NACP: 8

Non-Ukrainian Organisation working in Ukraine: 18; R2P: 16

120

Non-Ukrainian Organisation working in Ukraine: 18

121

Non-Ukrainian Organisation working in Ukraine: 19

122

NACP: 27; NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022,

Annex 2, pp. 113-172

123

NACP: 31

124

NACP: 33

125

NACP: 32

126

Non-Ukrainian Organisation working in Ukraine: 20

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2.4.2.

DIIA [Дія]

127

The DIIA database is a digital interaction application between the Ukrainian authorities and the citizens. It is

an online platform that contains personal certificates, including passports, driving licences, COVID-

vaccination, tax-number, IDP-certificate etc.

128

According to the non-Ukrainian Organisation working in Ukraine, DIIA is not applied at the BCPs, since it is

not a validation tool for identity documents. However, it can be used to identify a Ukrainian citizen entering

Ukraine in case of a lack of identity documents. DIIA is not applicable in the temporarily occupied

territories.

129

The same source noted that there were plans to integrate information from the military administrations

into DIIA, allowing border guards to receive military documentation through the application. However, as of

9 February 2023, it has not been implemented so far.

130

Contrary, the SBGS informed that the widespread falsifications resulted in integration and expansion of

databases and registers, including the DIIA application. It enables the SBGS to send any request to the

system for any kind of document and receive a reply within a few seconds.

131

The access to military documents was also corroborated by the NACP who noted that the SBGS has

received online access to some enlistment documents from the military recruitment offices.

132

DIIA is a a o

of the Uk ai ia o ds

Де

–

The State and me.

R2P: 16; Non-Ukrainian Organisation working in Ukraine: 21

129

Non-Ukrainian Organisation working in Ukraine: 21

130

Non-Ukrainian Organisation working in Ukraine: 22

131

SBGS: 36

132

NACP: 9

127

128

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3. Situation at the borders

3.1 Procedures at the border

When a person approaches the border crossing point (BCP), all relevant documentation must be presented

to the border guards. If a person does not have all the relevant documents confirming the legal grounds for

exiting Ukraine, the person will not be permitted to cross the border.

133

According to the National Agency for the Corruption Prevention (NACP), when people approach the BCPs,

they often present a large pile of documents. It is the procedure that border guards verify the seals, stamps

and signatures. However, it is hard to analyse all documents, and it is more difficult to detect genuine

documents that are corruptly issued compared to forged documents.

134

The SBGS noted that they have several measures to detect forgery and illegal attempts to cross the border.

For instance, they have a two-step mechanism of control measures, when Ukrainian male citizens aged 18–

60 approach the BCPs.

135

The first line of control takes place with the first border guard. Passports, military papers and

documentation for exemption from military service,

su h as edi al pape s, hild e s i th e tifi ates et .

will be checked for apparent forgeries or other indicators of possible falsifications.

136

Furthermore, all males aged 18–60 will pass through a second line of control carried out by an experienced

operational officer. This line of control includes an interview with the person and an in-depth inspection of

the documentation, comparing it with samples and other relevant information. The operational officer may

contact the relevant issuer of documents, such as military recruiting centres and commissariats, medical

institutions etc. In addition, the SBGS is authorised to

o fis ate the pe so s o ile pho es i o de to

read the data and lines of communication to detect signs that may indicate the illegal acquisition of

documents.

137

Relevant equipment to check most documents at the BCPs exists. When a more comprehensive

investigation is needed, the border guards can request a mobile laboratory to conduct a more thorough

forensic examination.

138

The SBGS also conducts regular analyses of certain issues. For instance, there are monthly analysis of

patterns among truck drivers being sent to the Ministry of Transportation and Infrastructure, which is the

responsible authority for the

Shliakh ШЛЯХ

system that regulates permissions for drivers to cross the

border.

139

For more information on the

Shliakh ШЛЯХ

, please refer to

section 2.4.1.

133

134

SBGS: 29

NACP: 41

135

SBGS: 35, 40

136

SBGS: 40

137

SBGS: 41

138

SBGS: 42

139

SBGS: 45

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Even though the SBGS had to recruit more personnel after the full-scale invasion, it has been a priority to

retain the experienced passport specialists in the first and second line of control. This also enables the SBGS

to maintain uniform procedures at the different BCPs.

140

The NGO, Right to Protection (R2P), that monitors the borders, however, noted that it was common that

border guard officers at the BCPs were regularly replaced with new staff. The procedure is that newly

recruited border guards refer to the Head of Shift at the BCP for guidance and education.

141

3.2. Situation at the border: implementation of the travel restrictions

This section will address how the exit regulations have been implemented in practice at the border and

how the situation has changed during the course of the full-scale Russian invasion. The chapter touches

upon the prevalence of inconsistency, irregularities and internal procedures beyond legal regulations at the

border crossing points (BCPs).

3.2.1. The situation at the border in the beginning of the full scale Russian invasion

According to the State Border Guard Service (SBGS), the situation at the borders was chaotic during the first

period following the full-scale Russian invasion of Ukraine on 24 February 2022. In the first hours of the

invasion, every person who approached the BCPs were allowed to cross by the SBGS.

142

In the following

days, further instructions were given to the border guards resulting in higher compliance between the exit

regulations specified in Resolution No. 57 and the internal regulations of the SBGS.

143

Moreover, in the first period following the invasion, the rules for crossing the border were loosely defined,

and it was not clear which documentation was required for lawfully exiting Ukraine. This resulted in

misinterpretations and arbitrary decisions whereby the SBGS adopted internal and informal procedures

beyond legal regulations.

144

For instance, there were cases of persons, who were lawfully allowed to cross,

but were rejected at the BCPs by the border guards in nonconformity with the legislation.

145

There were

also incidences of students who, despite prohibition from exiting Ukraine, nevertheless were granted

permission to exit.

146

The NGO, NEEKA, pointed to the suspension of public services in the beginning of the war, resulting in a

situation where many Ukrainians arrived at the border without personal and military documents. In this

period, it was a procedure by the SBGS to allow border crossing with copies of passports.

147

In addition to

this, UNHCR highlighted that during the first weeks following the Russian invasion, third-country nationals,

including refugees and holders of complementary protection in Ukraine, were able to leave Ukraine and

SBGS: 43

141

R2P: 5

142

SBGS: 9

143

SBGS: 11

144

NACP: 12-13; NEEKA: 4

145

NACP: 13; UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts

(BCP),

April 2023, Annex 4, p. 173

146

NACP: 12-13

147

NEEKA: 4

140

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seek protection in EU countries and Moldova without required documents.

148

Contrary to this, a report by

OHCHR from June 2022 indicates that persons not in possession of documents faced restrictions to their

freedom of movement. For instance, at some BCPs, persons without documents, particularly members of

the Roma community, were detained and denied border crossing.

149

NEEKA advised that the various BCPs in Ukraine had different procedures at the beginning of the full-scale

invasion. For instance, there were situations where persons rejected at one BCP would travel to another

BCP to obtain permission to cross the border. In addition, there were situations where SBGS officials at

certain BCPs would accept a particular certificate, whilst SBGS officials at other BCPs would not.

150

Particularly, students enlisted at foreign universities were able to exit at some BCPs but were rejected at

other BCPs.

151

UNHCR, in consultation with its partners, stated that there were cases of third country

nationals who were not allowed to exit Ukraine along the border with Poland but were able to cross the

border elsewhere.

152

In congruence with this, NACP interlocutors noted that there were forums on social

media, in which discussions prevailed regarding which BCPs were easier to cross compared to others.

153

The frequent changes of Resolution No. 57 may have resulted in inconsistent practices and implementation

of the legislative framework at the BCPs, making it difficult for the SBGS to comply with the rules.

154

The

frequent changes in the regulations have moreover created loopholes for people to cross the border

illegally.

155

For instance, on 1 April 2022, amendments came into force that granted permission to exit to

certain categories liable for military service. However, on 2 April 2022, changes to this provision invalidated

the amendment and established that students, among others, were prohibited from crossing the border.

156

3.2.2. An adjusted situation at the border

Sources consulted for this report differed in their views regarding when the border situation normalised.

NEEKA estimated that the situation at the BCPs normalised towards the end of April 2022, when the SBGS

p o edu es a oss a ious BCPs e a e u ifo a d sta da dised. The adjust e t is pa tl ased o SBGS

measures to prevent border crossing with forged documents.

157

UNHCR noted that since June 2022, the

SBGS has resumed a stricter implementation of the law.

158

Supplementary, SBGS noted that the situation at

the Ukrainian BCPs has become calmer in the beginning of 2023 partly because the long waiting lines for

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 174

149

OHCHR:

Situation of human rights in Ukraine in the context of the armed attack by the Russian Federation, 24

February

–

15 May 2022,

29 June 2022,

url,

p. 33

150

NEEKA:7

151

NEEKA: 7

152

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 174

153

NACP: 23

154

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 173; NACP:14

155

NACP: 16

156

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 173

157

NEEKA: 4

158

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP), April

2023,

Annex 4, p. 174

148

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crossing the borders have diminished, and partly because the rules for crossing the borders have become

clearer, which has made the work of the border guards easier.

159

After a period of suspension, all local administrations have resumed the issuance of documents.

160

Hence,

SBGS indicated that there are no differences in the interpretation of the exit rules and that the procedures

are uniform across the different BCPs. Moreover, the SBGS stressed that there are no exceptions for

crossing the border without the required documents.

161

In case of controversies regarding the

implementation of the rules, the SBGS Administration may be consulted for guidance.

162

The SBGS

interlocutors furthermore informed DIS that NGOs do not have an influence on negotiations with the SBGS

on behalf of a person who was rejected at the BCPs.

163

Although the situation has somewhat normalised at the BCPs, NEEKA did not rule out that irregular

procedures can occur.

164

NEEKA and R2P confirmed, however, that if there were cases of irregularity

between the BCPs, it would normally not come to the attention of the NGOs.

165

An international

organisation opined that even though the SBGS has the final word about granting permission to cross the

border, different implementations of the travel regulations may still prevail.

166

This point was exemplified

by the number of complaint letters received by the international organisation from persons not granted

permission to exit Ukraine, although they reportedly were in possession of the lawful documents required

for crossing the border legally.

167

The report of NACP moreover points to the discretionary regulations,

whereby SBGS officials at BCPs made decisions on border crossings by Members of Parliament and male

students studying abroad.

168

As an example of inconsistency, UNHCR highlighted that as of 28 October 2022, it was no longer required to

present a certificate of examination by the medical and social expert commission for men with a disability

when crossing the border. Nevertheless, as of 27 March 2023, the SBGS website still displays information

that the certificate is required.

169

In addition, on 27 January 2023, the Cabinet of Ministers made changes to

Resolution No. 57 prohibiting the majority of public servants from leaving Ukraine. However, the SBGS had

trouble implementing the rule, as there was no database with information regarding public servants.

170

SBGS: 11-12

SBGS: 30

161

SBGS: 29

162

SBGS: 14

163

SBGS: 33

164

NEEKA: 5

165

NEEKA: 5; R2P: 7

166

International organisation based in Ukraine: 22

167

International organisation based in Ukraine: 23

168

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

123

169

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 173

170

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP), April

2023,

Annex 4, p. 173-174

160

159

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In the same vein, there are cases of appeals against SBGS decisions of denied border crossings. However,

there are no consistent case procedures, also due to the frequent changes of the border crossing

regulations, and it is uncertain whether the court cases have resulted in alteration of the practices.

171

The SBGS and R2P confirmed that there are procedures at BCPs that are not enforced by any legislation. For

instance, as mentioned in section 2.1, the SBGS has implemented a procedure allowing only persons

originating from the occupied areas and areas of hostilities to cross the border on an internal passport. If

the persons are already registered with an address in areas not occupied or affected by hostilities, they are

obliged to have an external passport issued in the area where they are registered.

172

Another practice not

regulated by any legislation is the procedure of sending letters to the Administration of the SBGS by

enterprises, institutions, organisations and individuals through ministries and government bodies

requesting assistance to cross the border of certain men who wish to leave Ukraine. The practice is

conducted based on the discretion of the authorities and the Administration of SBGS without regulation by

law.

173

R2P stressed that the biggest challenges at the BCPs involve situations where men excluded from military

service are not aware of the requirement to present medical assessment certificates in addition to the

military ticket. Secondly, some men are not familiar with the rule that men, who have served a sentence in

prison, are prohibited from crossing the border.

174

Two other sources concurred that the periodic power

cuts in Ukraine composed a key challenge at the BCPs, mainly in the period from October 2022 to January

2023, which have contributed to interruption of the access to databases, affecting the ability to crosscheck

documents.

175

3.3. Prevalence of illegal border crossing

According to the report of NACP, as of September 2022, more than 8,000 men liable for military service

have attempted to cross the border illegally since the beginning of the full-scale Russian invasion. More

than 5,600 of the offenders were detected outside the official border crossing points (BCPs), whereas the

remaining attempted to cross illegally at the BCPs.

176

NEEKA referred to official data, stating that since the

enactment of martial law, 12,000 men have tried to leave Ukraine illegally.

177

Several sources referred to statistical data from both Ukraine and the neighbouring countries suggesting

that the prevalence of illegal border crossing has decreased. However, the scale depends on the situation in

Ukraine.

178

NACP stressed that the effort of authorities to counter misuse of the border regulations and the

UNHCR, Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4, p. 172; NEEKA: 6; International Organisation based in Ukraine: 24

172

SBGS: 31; R2P: 3

173

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2,

p.137

174

R2P: 9

175

NEEKA: 10; UNHCR, Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control

Posts (BCP), April 2023, Annex 4, p. 174

176

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

114

177

NEEKA: 14

178

SBGS: 24; R2P: 12; NACP: 7; EWB: 2

171

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improvement of the Shliakh system has contributed to a decrease in illegal border crossings.

179

Nevertheless, NACP interlocutors noted that the majority of illegal border crossings are caused by

corruption.

180

Two sources opined that men attempt to cross the border illegally due to loss of work and low incomes as a

result of the war, rather than an attempt to escape mobilisation.

181

Contrary, NEEKA informed that the

tendency of crossing the border illegally is widespread, partly due to the fear of forced recruitment to the

military. For instance, there are examples of military officers who forcefully recruit or persuade men to join

the military service against their will.

182

There are news articles reporting of evidence of men being roughed

up by enlistment officers for refusing a summons and men being signed up unwillingly.

183

Europe without

Barriers (EWB) noted that today most illegal border crossings are carried out for evading draft

mobilisation.

184

3.3.1. Illegal border crossing beyond official border crossing points (BCPs)

As of April 2023, SBGS has detained more than 11,000 individuals attempting to cross the border illegally

beyond the BCPs since the beginning of the Russian invasion.

185

In the NACP report from October 2022, it is

noted that since the beginning of the Russian invasion, more than 8,000 men liable for military service have

attempted to cross the state border illegally. Out of this number, border guards outside the BCPs stopped

more than 5,600 persons.

186

NEEKA informed DIS that the practice of crossing the border illegally beyond the BCPs has been particularly

widespread at the Ukrainian border with Hungary. The river, Tisza, flowing along the border with Hungary,

composes a bypass route through which Ukrainian men flee Ukraine by water. Some men leave their cars at

the river and swim across the river with swimming equipment and a wetsuit. This practice has reportedly

been common since autumn 2022.

187

Two sources agreed, in addition, that the mountain area along the

border to Romania is particularly exposed to illegal border crossing, and that the illegal border crossing

beyond official BCPs is most widespread in the south-western Ukraine along the border with Romania and

Moldova.

188

The SBGS stated that there are fewer cases of illegal border crossing attempts at the borders to

Slovakia and Poland compared to Romania and Hungary.

189

The SBGS has recruited officials to guard the border at selected border locations beyond the official BCPs,

particularly along the Tisza River. In addition, there are sophisticated surveillance systems in place that

NACP: 7-8

NACP: 25

181

SBGS 28; NACP: 47

182

NEEKA: 17

183

Wall Street Journal (The),

A Year Into War, Ukraine Faces Challenges Mobilizing Troops,

23 March 2023,

url;

New

York Times (The),

As Ukraine Signs Up Soldiers, Questions Arise About How It Chooses,

28 July 2022,

url

184

EWB: 10

185

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 175; EWB: 3

186

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, annex 2, p.

114

187

NEEKA: 1

188

NACP: 11, 45-46; EWB: 3

189

SBGS: 27

180

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often detect illegal border crossings.

190

Despite dedicated surveillance efforts along the border, an

unknown number of men succeed in exiting Ukraine illegally.

191

3.3.2. Illegal border crossing at the border crossing points (BCPs)

According to SBGS as per March 2023, border guards have rejected approximately 100-200 persons daily at

the BCPs for not having the legal reasons to exit. Out of this number, 10

–

30 persons were arrested daily

for attempting to cross the border illegally.

192

Two sources referred to SBGS data, stating that 4,100 people have attempted to cross the border illegally

with forged documents as of April 2023.

193

On 30 July 2022, the SBGS reported an increase in the use of

forged documents by men in the conscription age, according to UNHCR.

194

According to information from

the Ukrainian media, Zaborona, the majority of criminal cases on illegal border crossings are related to the

forgery of documents, particularly documents of the military medical commission.

195

EWB noted that illegal

border crossing with forged documents is most often recorded at the border with Hungary and Poland.

196

See chapter

3.4.1

for detailed information regarding forged documents.

3.3.3. Schemes for circumventing the travel ban

The National Agency on Corruption Prevention (NACP) identified in its report eight ways for men liable for

military service to circumvent the travel ban under martial law.

197

Some of the schemes for circumventing

the travel ban are related to corruption whereas other loopholes for getting around the travel ban indicate

significant shortcomings in the system of control over the border crossing of men liable for military service.

As detailed below, the most common scheme for leaving Ukraine was the enrolment as foreign student

until August 2022. From October 2022, the most common scheme included the Shliakh system.

The NACP has identified cases whereby the below-mentioned schemes have occurred:

198

Scheme 1:

Illegal border crossing of the state border:



Border crossing of men liable for military service at the border beyond the official border crossing

points (BCPs) and without passing the border control. See

3.3.1.

for more information regarding

illegal border crossing beyond the official BCPs;

Crossing the border through the official BCPs using passports of a foreign country;

NEEKA: 46

NEEKA: 16

192

SBGS: 22-23

193

UNHCR, Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4, p. 175; EWB: 3

194

UNHCR, Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4, p. 175, 177

195

Zaborona,

So Hard to Leave, So Hard to Stay. How Ukrainian Men Travel Abroad,

17 October 2022,

url

196

EWB: 3

197

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2,

p.125

198

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2,

p.125

191

190

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

Border crossing of men liable for military service at BCPs and control points through the assistance

of officials from the SBGS and without mandatory border control procedures;

Border crossing with subsequent travel abroad through the temporarily occupied territory of

Crimea and the territory of the Russian Federation.

Scheme 2:

Use of forged or corruptly obtained documents with information of exclusion from military

service:



A ilita ID a d ith a a k i di ati g a pe so s e o al f o

ilita egist atio ;



A certificate from the Military Medical Commission on unfitness for military service with

subsequent exclusion from the military registration.

199

According to Zaborona, using forged white tickets

200

to travel abroad is one of the most common ways

amongst men in the conscription age to leave Ukraine.

201

Scheme 3:

Use of forged documents indicating enrolment of a student at a professional pre-university and

higher education abroad. This scheme was most common during the first month after the Russian full-scale

invasion until the government on 14 September 2022 changed the regulations so students were banned

from leaving Ukraine.

202

Reportedly, this scheme was the easiest way to leave Ukraine from July to August 2022.

203

Scheme 4:

Use of forged documents, such as falsified birth certificates, confirming the status of a father

with more than three children.

Scheme 5:

Use of forged or corruptly obtained documents confirming the need for treatment or medical

rehabilitation abroad as a result of the military aggression of the Russian Federation. The methods include

falsified medical certificates or documents allowing a person to cross on false presuppositions.

Scheme 6:

Use of letters from state authorities to the State Border Guard Service (SBGS) with requests to

assist persons liable for military service in crossing the state border.

Scheme 7:

Use of the Shliakh system to register as a driver who transports medical and humanitarian aid

cargo by road for the needs of the Armed Forces of Ukraine, based on false intentions.

Scheme 8:

Use of the Shliakh system to register a driver of a business entity who carry out economic

activities for the international transportation of goods and passengers by road. Departure is carried out

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

125

200

As described in section 2.3, the white

ti ket is issued to so eo e ho is o pletel e luded f o

ilita se i e

both in peacetime and during martial law. The military ticket will state that the person is removed from the military

201

Zaborona,

So Hard to Leave, So Hard to Stay. How Ukrainian Men Travel Abroad,

17 October 2022, url

202

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p

125

203

Zaborona,

So Hard to Leave, So Hard to Stay. How Ukrainian Men Travel Abroad,

17 October 2022, url

199

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th ough egist atio as se o d d i e . Fo i sta e, t o d i e s

vehicle returns to Ukraine with only one driver.

204

a lea e Uk ai e i a ehi le, a d the

Reportedly, the Shliakh system composed the most common scheme for leaving Ukraine by men in the

conscription age from October 2022 by getting their data registered in the database by speculators.

205

The eight schemes identified by NACP were also summarised by the non-Ukrainian organisation.

206

Typical

corruption risks in the procedure for crossing the state border are detailed in

section 3.4.1.

Men in the conscription age, who want to leave Ukraine, reportedly make use of social media networks on

Instagram and Telegram through which they find different opportunities for leaving the country. For

instance, by registering as a driver of a humanitarian aid truck or obtaining forged documents exempting

persons from military service.

207

3.3.4. Organised human smuggling

According to a research report by Global Initiative, the volatile frontline has become a catalyst for illicit

activities and the travel ban for men aged 18 to 60 has created a lucrative opportunity for human smugglers

assisting men in exiting Ukraine through illegal means.

208

In October 2022, NACP referred to data from the SBGS, stating that more than 170 criminal proceedings

had been initiated for illegal transportation of persons across the state border of Ukraine.

209

However, it is

unclear whether the number of criminal proceedings pertains to organised human smuggling or human

trafficking.

Global Initiative notes that many men have succeeded in exiting Ukraine through means of smuggling at a

cost of 5,000

–

10,000 Euros, mainly through Moldova and Poland.

210

A research update from the United

Nations Office on Drugs and Crimes (UNODC) states that 22 % of respondents in a survey of arriving

migrants from Ukraine in third countries between March and August 2022 responded that they had to pay

someone for transportation out of the country. They paid on average the amount of 363 EUR.

211

As of March 2023, the SBGS interlocutors noted that illegal border crossing was more common in the areas

along the border with Romania and Hungary, as criminal groups who specialised in organised human

smuggling were more prevalent. Examples of human smuggling included men in the conscription age who

have been hiding in vehicles as a means to avoid mobilisation.

212

NEEKA stated that criminal networks or

individuals of different European nationalities have been operating along the border of Ukraine. In

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

126

205

Zaborona,

So Hard to Leave, So Hard to Stay. How Ukrainian Men Travel Abroad,

17 October 2022,

url

206

Non-Ukrainian organisation: 26-34

207

DW,

How men try to get around the ban to leave Ukraine,

19 July 2022,

url

208

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 18

209

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

114

210

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 24

211

UNODC,

Conflict in Ukraine. Key evidence on risks of trafficking in persons and smuggling of migrants,

December

2022,

url,

p. 3

212

SBGS: 27

204

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exchange for payment, they have assisted Ukrainian men in the conscription age in exiting Ukraine. For

instance, they have instructed men how to cross the border undetected through forests or rivers or have

assisted in hiding men inside cars and trucks. This trend has prevailed since the beginning of the full-scale

invasion and is still a tendency as of March 2023.

213

EWB noted that 140 criminal groups have been

detected since the beginning of the full-scale invasion for organising border crossing in illegal ways.

214

NACP could not rule out the presence of organised criminal networks assisting men in illegal border

crossings outside official BCPs.

215

They further noted that those who attempted to smuggle themselves

across the border were usually people of low income who paid a low price for smuggling compared to a

higher price for obtaining forged documents.

216

In an update from November 2022, the Security Service of Ukraine (SSU) stated that it has shut down an

i te egio al i i al g oup

s criminal activities of transporting conscripts out of Ukraine. The criminal

g oups offe ed to take thei lie ts th ough the Russia o de , th ough

the Sumy region or through

Uk ai e s este egio s usi g pass outes outside the BCPs. The p i e a ged f o

,500 to 8,000

USD per client.

217

The report of Global Initiatives indicates that there was a surge in smuggling activity in 2022, mainly

through western Ukraine. In addition, the Volyn region (bordering Belarus and Poland) in north-western

Ukraine composed a new smuggling route for men attempting to escape the military draft. This was also

seen in the regions of Zakarpattia (bordering Slovakia and Hungary) and Chernivtsi (bordering Romania and

Moldova). The criminal activity in the pseudo-state

of T a s ist ia o Uk ai e s south este

o de has

218

decreased due to improved Ukrainian border control.

3.3.5. Human trafficking

According to Global Initiative, networks of Ukrainian traffickers are widespread in Ukraine, not only due to

the large population movements and humanitarian needs, but also given the fact that human trafficking

was deeply entrenched in Ukraine before the Russian invasion of 2022.

219

It is likely that there are several

forms of human trafficking, including sexual exploitation, and that its prevalence has expanded following

the increase in poverty and hardship.

220

Refugees from Ukraine are at risk of trafficking, which includes

sexual exploitation, forced labour, illegal adoption and surrogacy, forced begging, and forced criminality.

221

Especially women are vulnerable to situations of sexual exploitation. For instance, a Ukrainian ringleader

was arrested for orchestrating a trafficking ring that recruited Ukrainian women on Telegram to work as

escorts abroad in Türkiye but instead were sexually exploited.

222

Moreover, the report notes that trafficking

risks are high for Ukrainian refugees returning to Ukraine due to the scarcity of jobs and dire living

NEEKA: 13

EWB: 4

215

NACP: 45

216

NACP: 47

217

SSU,

SSU dismantles criminal group that offered draft evaders to go to Russia,

19 November 2022,

url

218

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 30

219

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 26

220

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 26

221

UNODC,

Conflict in Ukraine. Key evidence on risks of trafficking in persons and smuggling of migrants,

December

2022,

url,

p. 5

222

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 26

214

213

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conditions.

223

Data regarding the prevalence of human trafficking is scarce, however, it is noted that this

should not indicate a lack of human trafficking.

224

On the other hand, a report by the World Bank presents

that an estimated 46,000 Ukrainians were trafficked from 2019 to 2021; 29,000 abroad and 17,000 in

Ukraine. It is expected that the number have been exacerbated since February 2022.

225

NEEKA emphasised

that since the beginning of the full-scale invasion, 430 out of 2,100 criminal proceedings were initiated

based on accusations of trafficking of persons.

226

Non-European citizens, including citizens from Türkiye, the Russian Federation, India, Azerbaijan, Israel, and

Georgia, residing in Ukraine at the outbreak of the war, have most often made use of migrant smuggling in

order to leave Ukraine. This was the group most vulnerable to human trafficking.

227

Moreover, those

particularly exposed to risks of human trafficking include unaccompanied and separated children, internally

displaced persons (IDPs), undocumented and stateless persons, Ukrainian Roma people, LGBT-persons,

elderly persons and persons with disabilities.

228

3.4. Prevalence of corruption

According to NACP, the poor quality of the legal regulation of certain procedures for men to travel abroad

contributed on one hand to the inconsistency of procedures and on the other hand gave public authorities

leeway to interpret the law at their discretion allowing for corruption schemes.

229

NACP interlocutors noted that the majority of illegal border crossing cases were a result of corruption.

230

The frequent change of Resolution No. 57 has created risks of corruption.

231

A source noted that they could

not determine if corruption was more prevalent at certain border crossing points (BCPs) compared to other

BCPs.

232

However, NACP said that there were forums on social media, where it was discussed which BCPs

were easier to cross.

233

NACP interlocutors confirmed that there have been several cases of corruption in the State Border Guard

Service (SBGS), but found it difficult to assess whether corruption amongst the SBGS was systematic or

based on acts of individual border guards.

234

However, NACP noted that corruption was less widespread within the SBGS at the BCPs compared to other

sectors. It was more common to pay a doctor of a medical commission to issue an official paper confirming

disability status or a medical need. The reasoning was that a person would have to pay more money to a

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 28

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 26

225

World Bank Group,

Rapid Damage and Needs Assessment February 2022

–

February 2023,

March 2023,

url

226

NEEKA: 20

227

UNODC,

Conflict in Ukraine. Key evidence on risks of trafficking in persons and smuggling of migrants,

December

2022,

url,

p. 3-4

228

UNODC,

Conflict in Ukraine. Key evidence on risks of trafficking in persons and smuggling of migrants,

December

2022,

url,

p. 5

229

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

114

230

NACP: 25

231

NACP: 16

232

International organisation based in Ukraine: 22

233

NACP: 23

234

NACP: 23

224

223

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border guard than to a doctor.

235

NEEKA said that men liable for military service have been able to pay

officials in the Medical Commission for issuing medical documents, which was reiterated in a report by

Global Initiative.

236

Of other state officials where corruption was prevalent, the NACP mentioned regional military

administrations as well as officials from the Ministry of Infrastructure.

237

Moreover, one of the most serious

corruption risk pertained to charity organisations that designated persons as drivers in exchange for

payment, according to NACP interlocutors.

238

This was explained by a flawed system and lack of

mechanisms for detecting abuse of charity organisations.

239

The NACP report highlights that 12 charity

organisations and public organisations were identified for being involved in organising illegal border

crossing for men liable for military service.

240

Global Initiative reported that the head of a charity fund was

allegedly accused of helping approximately 300 men aged 18

–

60 exiting Ukraine by designating them as

drivers of humanitarian cargo.

241

Finally, NACP highlighted that NGOs were often involved in corruption

through the issuance of falsified documents to high-profile officials or members of parliament to

circumvent the travel ban.

242

3.4.1. Corruption risks

The NACP identified in its report

243

seven corruption risks, which are summarised below:

Risk 1:

Abuse of officials when making decisions on the departure of persons liable for military service as

drivers of humanitarian aid or cargo by using the Shliakh system.

Those involved in the abuse included officials of the Ministry of Infrastructure, regional military

administrations or persons authorised to perform functions of the state or local government, officials of

charitable foundations, public organisations or other legal entities. Moreover, corruption under this risk

category may include officials of the State Service of Ukraine for Transport Safety when information was

entered into the Shliakh system as well as the State Border Guard Service (SBGS) involved in travel

decisions for drivers of humanitarian cargo, who were liable for military service.

The report refers to Resolution No. 57 of the Cabinet of Ministers, which authorises the Ministry of

Infrastructure and the regional military administrations to make decisions on the reservation of drivers for

medical and humanitarian aid. This regulation has created corruption risks, as there were no criteria and

procedures for making decisions on the reservation of drivers liable for military service. Consequently,

officials of the Ministry of Infrastructure and regional military administrations were able to exercise wide

discretion when reserving men liable for military service as drivers in exchange for undue benefits.

235

236

NACP: 25

NEEKA: 11; Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 24

237

NACP: 26

238

NACP: 29

239

NACP: 31

240

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

130

241

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 25

242

NACP: 21

243

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2

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Some of the reasons why the Shliakh system contributed to corruption risks included the following factors:

1. Unclear practice criteria for making decisions on whether drivers may travel abroad;

2. Lack of resources to verify the accuracy of information provided in the applications to register a

person in the Shliakh system;

No e ui e e t of the d i e s ight to d i e ehi les;

4. Lack of proper control over the entering about the driver into the Shliakh system, which is

administered by the State Service of Ukraine for Transport Safety.

244

According to interlocutors of the NACP, the Shliakh system constituted a high risk of abuse and highlighted

that it has been one of the most prevalent corruption schemes since 24 February 2022.

245

Risk 2:

Officials of business entities licensed to carry out economic activities for international transportation

of passengers by road, who obtained unlawful benefits by assisting persons liable for military service in

departing Ukraine as bus drivers through the use of the Shliakh system.

Under martial law, business entities could obtain a license to carry out passenger transportation by bus,

which was authorised by the Shliakh system. According to Resolution No. 57 of the Cabinet of Ministers,

bus drivers who were authorised in the Shliakh system had the right to travel abroad for up to 45 days.

This type of corruption was caused by the fact that two drivers were allowed to be registered for departing

in one bus of the license carrier, which enabled the second driver to stay abroad for personal purposes.

Moreover, the conditions that state authorities did not monitor compliance with the purpose of the drive

trip and the time duration allowed for staying abroad were some of the factors that contributed to this

corruption risk.

246

Risk 3:

Abuse by officials of state bodies when sending letters to the Administration of the State Border

Guard Service (SBGS) requesting permission to travel abroad on behalf of men liable for military service.

This corruption risk was implemented through the application of enterprises, institutions, organisations and

individuals to the relevant ministry or central government body with a justification of travelling abroad.

Subsequently, the relevant ministry or government body sent a letter to the Administration of SBGS with a

request to assist certain men during border crossing control. The Head of the SBGS forwarded the

information to the SBGS officials at the border crossing point (BCP) and instructed them in granting the

man, or group of men, permission to cross the border.

The decision of granting this permission was subject to the absolute discretion of the authorities receiving

the request for assistance and officials of the SBGS Administration. According to the report of NACP, this

created favourable conditions for corruption.

247

244

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

131-132

245

NACP: 27

246

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

135

247

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

137

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Risk 4:

Abuse by officials of the SBGS for facilitating illegal border crossing outside the official border

crossing points (BCPs) by providing information on locations free from border patrols, failing to register

information on border crossing, and accepting forged documents or documents that do not give permission

to travelling abroad.

Generally, the travel restrictions have fuelled a demand for assistance from the SBGS in crossing the

border. The rules in Resolution No. 57 did

ot o lige the SBGS to i fo the ele a t autho ities of d i e s

overstay abroad and there were no regulations for information exchange and interaction between state

bodies and the SBGS officials. Hence, the unrestricted discretion created the risk that SBGS officials may

receive undue benefits for not providing information to relevant state bodies and authorities.

The NACP has provided six reasons that allow for corruption risks in the activities of the SBGS:

1. Low salaries of the SBGS officials who carry out border control;

2. Lack of authority of the SBGS to check information on military registration of persons liable for

military service;

3. Lack of internal SBGS procedures on controlling the border crossing of persons liable for military

service under martial law;

4. Non-transparent rules for crossing the state border, as the legislation does not provide an exclusive

list of documents granting permission to leave Ukraine. Moreover, there is an inconsistency

between the list of required documents on the website of SBGS and the rules of Resolution No. 57.

This allows SBGS officials to interpret the requirements at their discretion;

5. Lack of access of the SBGS to the Unified State Register of Conscripts to control the border crossing

by persons liable for military service;

6. The list of information on men aged 18 to 60 who cross the state border, which is entered into an

information system, does not include information on the grounds of departure and supporting

documents as well as the duration of staying abroad.

248

Risk 5:

Abuse by military personnel at territorial recruitment centres (TRCs) and social support centres

(SSCs) for issuing or assisting in issuing forged military registration documents entitling men aged 18 to 60

to travel abroad. The risk furthermore included abuse by doctors of military medical commissions (MMCs)

for issuing conclusions on temporary unfitness for military service due to health reasons or unfitness for

military service with exclusion from military registration.

The MMC concluded temporary unfitness for military service due to health reasons for a period of up to six

months as well as exclusion from military service due to health reasons. The medical examinations were

conducted by the decision of the TRC and the SSC. The constant interaction between the TRC and SSC with

the MMC allegedly lead to strong and personal ties between them, which in the context of increased

demand for documents for exiting Ukraine, contributed to corruption risks. The NACP report further notes

that law enforcement agencies systematically exposed channels for men of military age to cross the state

border, organised by TRC and SSC servicemen in collaboration with MMC doctors.

NACP provided the following causes and conditions that allowed for the above-mentioned corruption risks:

1. Strong ties of TRC and SSC managers with MMC doctors;

2. Non-transparent procedures of MMC in terms of document flow and decision-making;

248

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

140

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Lack of electronic document management systems;

Ineffective and incomplete functioning of the Unified State Register of Conscripts;

Ineffective control of the activities of the TRC, SSC and MMC;

Limited possibilities of bringing MMC doctors to criminal liability for the forgery of documents.

249

Risk 6:

Abuse of officials of military administrations, local governments, chairpersons and members of

disability determinations services (DDS) as well as officials and doctors of medical institutions for issuing

forged documents, including certificates of the DDS examination report on the establishment of a disability

group for persons liable for military service.

For instance, the Head of the DDS was reportedly provided with excessive discretion and opportunities to

manipulate the procedure, whereby the medical criteria for establishing disability included one of the

corrupt practices in the issue of disability determination. Moreover, channels of obtaining corruptly forged

certificates to the DDS inspection reports on the establishment of disability group have been uncovered. In

the absence of SBGS

tools to e if the a u a of i fo atio ega di g a pe so s disa ilit allo

ed for

border crossing on this type of illegally obtained document.

NACP identified the following causes and conditions that contributed to the risk:

Shortcomings and gaps in the regulatory framework for the procedures of the DDS;

Discretionary powers of the Head of the DDS;

Shortcomings in the system and procedure for applying medical criteria for determining disability;

Non-transparent activities of the DDS in terms of document flow and decision-making;

Personal contact between patients and DDS officials in the preparation and completion of the

procedure;

6. Shortage of internal control regarding DDS decisions.

250

Risk 7:

Abuse of officials of military administrations for granting unimpeded permission to travel to the

temporarily occupied territory of Ukraine.

One way for men liable for military service to exit Ukraine was to cross the so-called demarcation line on

the temporarily occupied territory or crossing through the territory of the Russian Federation, Georgia and

Belarus. The military administration granted

the ight to oss the de a atio li e to p o ide

humanitarian assistance in the temporarily occupied territory. Hence, there was a market for the sale of

permits for military servicemen to travel freely to the temporarily occupied territories for undue gain.

Officials of the military administrations were usually the perpetrators of selling the permits.

According to NACP, causes and conditions contributing to the risk include the following:

1. Personal dishonesty of officials of military administrations;

2. Non-transparent procedure for granting travel permits;

3. Insufficient external control over the activities of military administration officials;

249

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

143

250

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

146

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La k of i fo atio a out pe so s ossi g the de a atio li e as ell as ele t o i egisters

this issue.

251

3.4.2. Forgery of documents and illegal issuance of documents

The travel ban provoked a demand for forged or corruptly obtained documents for travelling abroad as well

as for assistance from the State Border Guard Service (SBGS) officials in crossing the state border using

them.

252

Since the beginning of the full-scale Russian invasion, SBGS have detained around 4,000 persons

attempting to exit Ukraine with forged documents.

253

In January 2023, the Ukrainian Ministry of Internal

Affairs reported that the SBGS had uncovered almost 3,800 forged documents at the BCPs since the

beginning of martial law, mostly at BCPs along the border with Poland and Hungary.

254

According to the SBGS, during the first period following the full-scale invasion, there was a high prevalence

of forged documents.

255

The SBGS interlocutors opined, however, that the prevalence of forged documents

has decreased as of March 2023.

256

It could not be determined whether some BCPs were subject to more

cases of falsified documents than other BCPs, but SBGS interlocutors stated that it depended on the

number of persons being processed at the BCPs.

257

Sources consulted for this report provided the following details of the most commonly detected forged or

corruptly issued documents provided for men aged 18 to 60 to circumvent the travel ban:



Documents confirming enrolment as a student in a foreign university.

258

During the first months

after the Russian invasion, students studying abroad were allowed to cross the border, which led to

an increase in falsified admission documents to foreign education institutions. Consequently, the

lawful permission of students to travel abroad was revoked in September 2022.

259

EWB noted that

forged documents proving enrolment at a Polish high school were common and that the cost for

obtaining such documents would be 1,400

–

2,200 USD.

260

Certificates of unfitness for military service.

261

NACP notes in its report that doctors of Military

Medical Commissions (MMC) issued conclusions on temporary unfitness for military service for

health reasons or unfitness for military service with exclusion from military registration.

262

EWB



NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

147

252

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

140; Non-Ukrainian organisation working in Ukraine: 23-24

253

EWB: 3; Non-Ukrainian Organisation working in Ukraine: 24; UNHCR,

Request from the Danish Immigration Service,

Procedures at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4, p. 4

254

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023, url, p. 25

255

SBGS: 15; UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts

(BCP),

April 2023, Annex 4, p. 177

256

SBGS: 24

257

SBGS: 26

258

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP), April

2023,

Annex 4, p. 176; SBGS: 16; EWB: 5

259

SBGS: 16

260

EWB: 5

261

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP), April

2023,

Annex 4, p. 176; NEEKA: 11

262

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

143

251

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noted that the so-called

hite ti ket o tai s the o lusio of the MMC a d dete i ed

the

fitness of a man for military service. In this regard, the perpetrators produced a fake medical

statement of the MMC, which took

i to a ou t the usto e s edi al histo .

263

Global Initiative

reiterated that corrupt professionals, including lawyers and doctors, issued forged official

documents indicating the removal of conscripts from the military register. Such a certificate would

cost around 2,000 USD.

264



Certificates of disability status.

265

According to the report of NACP, a commonly issued forged

document included certificates to the disability determination service (DDS), which established a

disability group for persons liable for military service. Doctors of medical institutions as well as

officials could issue such certificates from military administrations and security service officers.

NACP noted that certificates to the DDS examination were one of the most common illegal

schemes advertised on the Internet and Telegram channels.

266

NACP interlocutors stated that a

doctor could issue an official paper confirming a disability or medical need status. Such a document

would cost up to 1,000 USD. It was opined that such type of corruptly issued document was more

widespread compared to falsified birth certificates, for instance.

267

Falsified birth certificates confirming the status of parent to three or more children as well as

documents proving the guardianship for children.

268

The SBGS has detected falsified child

certificates, which were produced professionally with laser printing. The birth certificates were

intended to state that a father had three or more children, which would grant a man permission to

exit Ukraine. In addition, SBGS identified forged documents proving the guardianship for

children.

269

The issuance of documents to be registered as a humanitarian cargo driver into the Shliakh

system.

270

EWB stated that it was

the p o edu e to egiste a a as a se o d d i e , hi h

would

be added to the Shliakh system and thereby authorising the person to cross the border. The cost of

this document was 1,100 -2,000 USD.

271

Charity organisations allegedly constituted the largest

group of perpetrators involved in transmitting lists of drivers into the Shliakh system.

272

Global

Initiative mentions that this category composed a sophisticated fake documentation system, as

corrupt officials were able to insert fake information into the Shliakh system, enabling conscripts to

be registered as drivers of humanitarian aid.

273

66,374 men have reportedly exited Ukraine in 2022



EWB: 5

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 24-25

265

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP), April

2023,

Annex 4, p. 176

266

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

146

267

NACP: 25

268

UNHCR, Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4, p. 176; SBGS: 17

269

SBGS: 17

270

EWB: 5; SBGS: 20

271

EWB: 5

272

NACP: 28; Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

273

Global Initiative,

New Frontlines: organized criminal economies in Ukraine in 2022,

February 2023,

url,

p. 25

264

263

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

using documents that allowed humanitarian aid workers and volunteers to leave, provided that

they returned within a specific period. More than 9,300 have not returned.

274



Letters for SBGS Administration requesting permission to travel abroad.

275

According to the report

of NACP, a scheme of abuse was identified with officials of state bodies who sent letters to the

Administration of SBGS requesting permission to travel outside Ukraine for men liable for military

service who were not reserved for mobilisation. In this regard, enterprises, institutions,

organisations or individuals applied to the relevant ministry or central government body justifying

the need to travel abroad. The relevant ministry or government body would then send a letter to

the Administration of SBGS with a request to assist certain men in crossing the border. Such letters

included information about passport details, expected date of departure, return and the reason to

travel abroad. The justification and confirmation of the travel request were, according to the

report, subject to

the a solute dis etio of the autho ities e ei i g the e uest fo assista e,

officials and the Administration of SBGs, which created lucrative opportunities for corruption. This

issue was not regulated in the legislation.

276

According to NACP interlocutors, it was difficult to detect official documents that were corruptly issued

compared to forged documents.

277

Moreover, R2P noted that there was no database used at the BCPs to

validate medical documents.

278

The NACP report states that there was an absence of tools for verifying the

accuracy of information regarding disability, and generally, resources were insufficient for verifying

disability status documents. NACP interlocutors confirmed this information.

279

Only by crosschecking with

the Medical Social Expert Commission, it was possible to verify documents related to disability.

280

3.4.2.1. Punishment imposed for the forgery of documents

Since the beginning of the full-scale Russian invasion, 1,650 criminal proceedings have been initiated for the

forgery of documents.

281



Forgery of documents entailed liability under the Criminal Code of Ukraine (CCU) article 358,

paragraph 1. An individual found guilty of the forgery of certificates or other official documents can

be punished with a fine of up to 1,000 tax-free minimum incomes; arrest for a term of up to six

months; or restriction of liberty for a period of up to two years.

The drawing up or issuing of certificates or other official documents on illegal premises is

punishable with a fine of up to 200 tax-free minimum incomes; arrest for a term of up to six

months; or restriction from liberty for a term of up to three years.

282



274

275

Wall Street Journal (The),

A Year Into War, Ukraine Faces Challenges Mobilizing Troops,

23 March 2023,

url

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

137

276

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2

277

NACP: 41

278

R2P: 15

279

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2;

NACP: 40

280

R2P: 15

281

NEEKA: 20

282

The Criminal Code of Ukraine,

Article 358 - Forgery of documents, stamps, seals or letterheads, and sale or use of

forged documents, stamps and seals

(revision on 15 April 2023),

url

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If a group committed any of the above actions, the offence is punishable by restriction of liberty for a term

of up to five years or imprisonment for the same term.

283

3.4.3. Anti-corruption measures

According to the State Border Guard Service (SBGS), measures have been implemented to detect forgery

and illegal border crossing, especially after the integration and expansion of databases and registers.

284

Moreover, the SBGS has adopted a two-step mechanism at the BCPs that involves interviews and in-depth

inspection of documents of men aged 18 to 60 years. The operational officer may call military recruiting

centres and commissariats to validate the issuance of military documents.

285

In addition, the SBGS has the

opportunity to request a mobile laboratory, which can conduct forensic document investigation if

needed.

286

Whilst the staff turnover at the BCPs has been high, the SBGS prioritises keeping experienced

passport specialists at the control lines to maintain uniform procedures at the BCPs.

287

The National Agency for Corruption Prevention (NACP) is not a law enforcement agency but an advisory

organisation, and therefore NACP interlocutors stressed the fact that they can only promote anti-

corruption policies.

288

The agency highlighted that most Ukrainian government authorities have their own

anti-corruption programs, consisting of different measures to fight corruption.

289

For instance, there has

been lay-offs within the SBGS following the reveal of corruption incidents.

290

NEEKA was of the opinion that

harsh sanctions had

a dete e t effe t o offi ials i ol e e t

in corruption at the BCPs.

291

NACP

mentions that 245 attempts of bribing border guards were recorded, while the border guards refused.

292

As another corruption measure put in place, UNHCR stated in its written response that it has deployed

border-monitoring teams at key BCPs along the western border of Ukraine to monitor the situation and

disseminate information on the rights of persons aiming at crossing the border.

293

As mentioned in

section

3.2.2,

there are cases of appeals against SBGS decisions of denied border crossings. However, it was

uncertain whether the court cases had an impact on corruption prevention.

294

Regarding the verification of documents, the NACP noted that the resources of SBGS were insufficient and

that they urged for better anti-corruption measures covering the Ministry of Infrastructure and self-

The Criminal Code of Ukraine,

Article 358 - Forgery of documents, stamps, seals or letterheads, and sale or use of

forged documents, stamps and seals

(revision on 15 April 2023),

url;

UNHCR,

Request from the Danish Immigration

Service, Procedures at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4, p. 176; SBGS: 48

284

SBGS: 35-36

285

SBGS: 40-41

286

SBGS: 42

287

SBGS: 43

288

NACP: 38

289

NACP: 34

290

NACP: 35

291

NEEKA: 11

292

NACP,

Corruption schemes and risks related to leaving the country during martial law,

October 2022, Annex 2, p.

114

293

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 178

294

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 173; NEEKA: 6; International Organisation based in Ukraine: 24

283

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government bodies that use the Shliakh system to register drivers.

295

NACP furthermore recommended

better access to digital systems for confirming disability status and enabling the SBGS to use simple

identifiers, such as passport number or tax code number.

296

It was unclear to what extent the

recommendations by NACP had been implemented. However, the NACP noted that the SBGS had gained

improved access to military records, but not all military documents had been digitalised yet.

297

295

NACP: 39-40

NACP: 40, 42

297

NACP: 43

296

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

4. Punishment related to illegal border crossing, military

evasion and desertion

4.1. The legislative framework relating to illegal border crossing

Persons who cross the border out of Ukraine through illegal means may be held liable, according to the

Criminal Code of Ukraine (CCU) or the Code of Administrative Offenses of Ukraine (CAOU), depending on

the offence.

298

4.1.1. Illegal border crossing

Illegal border crossing is liable under the following articles:



Article 332.2 of the CCU stipulates that border crossing out of Ukraine, if the interest of the state is

endangered or if the person crosses the state border without appropriate documents or with

documents containing false information, shall be punishable by imprisonment for up to three

years.

299

If the same actions, described in 332.2, are committed by an organised group, it shall be punishable

by a fine of 2,000 Ukraine hryvnia (UAH) tax-free minimum incomes

300

, restriction of liberty for up

to three years, or imprisonment for the same term with or without deprivation of the right to hold

certain positions or engage in certain activities for up to three years.

301

Pursuant to article 204-1 of the CAOU, illegal border crossing or attempts to cross the border

illegally out of Ukraine, both outside a Ukrainian border crossing point (BCP) and at a BCP, is subject

to an administrative liability entailing a fine amounting to 100 UAH untaxed minimal personal

incomes, correctional labour for a period of up to one month with a deduction of 20 percent of

earnings, or administrative arrest for up to 15 days.

302



4.1.2. Illegal border crossing with forged documents

Illegal border crossing with the use of forged documents or documents containing invalid data is subject to

liability under the following articles:



Article 358, paragraph 4, of the CCU prescribes a fine of up to 850 Ukraine hryvnia (UAH), arrest

for a term of up to six months, or imprisonment of up to two years in case of the use of

NEEKA: 21; EWB: 6; Legal Hundred: 6

The Criminal Code of Ukraine,

Article 332-2 - Illegal crossing of the state border of Ukraine

(revision on 15 April

2023),

url

300

According to the Tax Law of Ukraine, an amount of 17 UAH is used for administrative offenses. Tax Code of

Ukraine,

subsection 1, paragraph 5,

6 May 2023,

url

301

The Criminal Code of Ukraine,

Article 332-2 - Illegal crossing of the state border of Ukraine

(revision on 15 April

2023),

url

302

The Code of Administrative Offenses of Ukraine,

article 204-1 - Illegal crossing or an attempt of illegal crossing of

the state border of Ukraine,

7 December 1984,

url;

International organisation based in Ukraine: 12; Legal Hundred: 7;

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 178

299

298

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

knowingly forged documents.

303

For punishment regarding the forgery of documents, see

section 3.4.2.1.

Article 204-1 of the CAOU establishes liability for border crossing attempts with no proper

documents or with documents containing invalid data on the crossing of a person without

permission from respective authorities. Any such act shall be subject to a fine ranging from

3,400 to 8,500 UAH (50 to 100 untaxed minimal personal incomes), correctional labour for a

period of up to one month with a deduction of 20 per cent of earnings, or administrative arrest

for a period of up to 15 days.

304

4.1.3. Illegal border crossing based on attempt of bribery

Attempt of bribing an official for crossing the border is subject to criminal liability under the following

article:



Article 369, paragraph 2 of CCU prescribes a fine of 1,000

–

4,000 UAH tax-free minimum

incomes, restriction of liberty for a term of two to four years, or imprisonment for the same

term if a proposal or promise with an improper advantage is provided to an official.

If the actions are repeatedly committed, article 369, paragraph 2 prescribes imprisonment for a

term of three to six years and a fine of 500 to 1,000 UAH tax-free minimum incomes, with or

without confiscation of property.

If a group commits the same actions, it shall be punishable by imprisonment for a term of four

to eight years with or without confiscation of property.

305



4.1.4. Border crossing based on illegal movement of persons

The illegal movement of persons refers to organised human smuggling, which is liable under the CCU:



Article 332, paragraph 1 of the CCU criminalises the illegal movement of persons across the

state border. The article prescribes imprisonment for a term of three to five years for the illegal

movement of persons across the state border.

Article 332, paragraph 2 of the CCU prescribes imprisonment for a term of seven to nine years

for the same action committed by a group.

306



According to an international organisation and Legal Hundred, the article does not penalise persons who

have been subjected to human smuggling across the border, while it penalises organisers of human

smuggling.

307

The Criminal Code of Ukraine,

Article 358 - Forgery of documents, stamps, seals or letterheads, and sale or use of

forged documents, stamps and seals

(revision on 15 April 2023),

url;

UNHCR,

Request from the Danish Immigration

Service, Procedures at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4, p. 176; EWB: 7

304

The Code of Administrative Offenses of Ukraine,

article 204-1 - Illegal crossing or an attempt of illegal crossing of

the state border of Ukraine,

7 December 1984,

url;

UNHCR,

Request from the Danish Immigration Service, Procedures

at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4, p. 177; SBGS: 46; EWB: 8; Legal Hundred: 7

305

The Criminal Code of Ukraine, Article 369 - Proposal, promise or providing an improper advantage to an official,

url;

NEEKA: 22

306

The Criminal Code of Ukraine, Article 332 - Illegal movement of persons across the state border of Ukraine,

url

;

UNHCR,

Request from the Danish Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April

2023, Annex 4, p. 177

307

International organisation based in Ukraine: 13; Legal Hundred: 12

303

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4.2. The legislative framework relating to military evasion and desertion

under martial law

Evasion and desertion from military service in Ukraine are punishable by imprisonment, according to the

Criminal Code of Ukraine (CCU).

308

Generally, crimes committed during martial law are stricter compared to crimes committed during

peacetime.

309

According to Legal Hundred, it was usually the commander of the suspected military offender

who informed the higher command, and subsequently an investigation of the suspected crime would

start.

310

A non-Ukrainian organisation said that investigators of the national police carried out the pre-trial

investigation of criminal offences of evasion and desertion.

311

The State Bureau for Investigation was

responsible for handling the military crimes of evasion and desertion during martial law.

312

4.2.1. Punishment related to evasion from military service under martial law

The act of evading military service can be either an administrative offence or a criminal offence.

313

The failure of a person liable for military service to report to the relevant territorial recruitment and social

support centre without a valid reason, when the person has received a call-up notice, is considered an

administrative offence, which is punishable under article 210 of the Code of Administrative Offenses of

Ukraine (CAOU).

314



Article 210 of the CAOU stipulates that violation of legislation on defence; mobilisation training and

mobilisation entail the imposition of a fine from 100 to 200 UAH non-taxable minimum incomes.

315

The same actions may be qualified as evasion from conscription for military service depending on the

circumstances and affiliation of the person.

316

The act of evading mobilisation may constitute a criminal offence if a person received a mobilisation order

and underwent a medical examination.

317

In such a situation, article 336 of the Criminal Code of Ukraine

(CCU) will govern the criminal liability and prescribe three to five years in prison during martial law.

318

International organisation based in Ukraine: 7, 39, 40; EWB: 9, 10; SBGS: 29; Legal Hundred: 15

Legal Hundred: 14

310

Legal Hundred: 16

311

Non-Ukrainian organisation working in Ukraine: 43

312

Legal Hundred: 16

313

Legal Hundred: 1

314

Ukrainian authorities, hearing of MFA of Denmark,

On accountability of individuals subject to military service for

evading conscription, illegal crossing of the state border under the martial law regime,

10 May 2023, 9 June 2023;

International organisation: 36; NEEKA: 27; Legal Hundred: 6

315

Non-Ukrainian organisation working in Ukraine: 37; Legal Hundred: 6

316

Ukrainian authorities, hearing of MFA of Denmark,

On accountability of individuals subject to military service for

evading conscription, illegal crossing of the state border under the martial law regime,

10 May 2023, 9 June 2023

317

Legal Hundred: 6; International organisation based in Ukraine: 2

318

The Criminal Code of Ukraine,

Article 336 - Evasion from conscription during mobilisation, for a special period, for

military service for conscripts from among reservists in a special period,

url;

Legal Hundred: 8; Non-Ukrainian

organisation working in Ukraine: 40; International organisation based in Ukraine: 2; UNHCR,

Request from the Danish

Immigration Service, Procedures at the Ukrainian Border Control Posts (BCP),

April 2023, Annex 4, p. 177

309

308

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

Article 335 of the CCU stipulates that evasion from conscription for military service of officers shall

be punishable by restriction of liberty for up to three years.

319

Article 336 of the CCU stipulates that evasion from conscription during mobilisation for a special

period is punishable by imprisonment for a term of three to five years.

320

Article 336-1 of the CCU stipulates that evasion from civil defence service in the event of targeted

mobilisation is punishable by imprisonment for a term of two to five years.

321

According to the

international organisation, civil defence service includes individuals working in the Civil Protection

Service and the State Emergency Service of Ukraine.

322

All cases of illegal border crossing by men aged 18 to 60 may constitute a criminal offence under article 336

of the CCU if there was sufficient evidence and if the pre-trial investigation body could prove in court that

the illegal border crossing was committed for the purpose of evading mobilisation.

323

A person might be

persecuted under article 336 of the CCU if the person refused to receive the summons after having

received the mobilisation order and having passed the military medical commission, which determined

fitness for military service.

324

4.2.2. Punishment related to desertion from military service during martial law

Desertion is subject to imprisonment for a term of five to 12 years during martial law.

325



Article 408, paragraph 3 of the CCU stipulates that desertion committed during martial law or in a

combat situation shall be punishable by imprisonment for a term of five to 12 years.

Dese tio i this se se ea s a se e f o a ilita u it o pla e of se i e ithout lea e fo the

purpose of avoiding the military service, or failure to report for duty upon appointment or

reassignment after a detached service, vacation or treatment in a medical facility for the same

pu pose .

Article 408, paragraph 2 of the CCU stipulates that desertion with weapons of a group of persons is

punishable by imprisonment for a term of five to ten years.

326



Desertion differs from absence without leave based on the assumption that the military serviceman left his

unit without the intention to return, whereas unauthorised absence entails that a serviceman was missing

for a period before returning.

327

The Criminal Code of Ukraine,

Article 335 - Evasion from conscription for military service, military service for

conscription of officers,

url

; International organisation based in Ukraine: 3

320

The Criminal Code of Ukraine,

Article 336- Evasion from conscription during mobilisation, for a special period, for

military service for conscripts from among reservists in a special period,

url

321

The Criminal Code of Ukraine,

Article 336-1 - Evasion of civil defence service during a special period or in the event

of targeted mobilization,

url

322

International organisation based in Ukraine: 4

323

EWB: 10

324

NEEKA: 25, 26

325

International organisation based in Ukraine: 7; Legal Hundred: 15; Non-Ukrainian organisation working in Ukraine:

326

The Criminal Code of Ukraine,

Article 408,

Desertion,

url;

Non-Ukrainian organisation working in Ukraine: 42

327

International organisation based in Ukraine: 10

319

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4.2.3. Punishment related to absence without leave under martial law

Absence without leave refers to a serviceman being absent from his military unit for a limited period lasting

from a few weeks until a month, which is punishable for a term up of to three years.

328



Article 407, paragraph 1 of the CCU stipulates that it is punishable for an active military serviceman

to be absent from a military unit or place of service without leave, or if he fails to timely report for

duty without a reasonable excuse after a leave, or upon appointment or reassignment, or fails to

report for duty after a detached service, vacation or treatment in a medical facility for more than

three days but less than one month. Such action is punishable by detention in a penal battalion for a

term of up to two years or imprisonment for a term of up to three years.

Article 407, paragraph 2 of the CCU stipulates that it is punishable if an active military serviceman is

absent from a military unit or place of service without leave, or fails to timely report for duty without

a reasonable excuse for more than ten days but less than one month, or for less than ten days but

more than three days if repeated during one year.

As of 27 January 2023, a new law (see

section 4.3)

has made amendments to article 407, paragraph

, addi g the o di g U autho ised lea i g of a ilita u it o pla e of se i e, as ell as failu e to

report for duty on time without valid reasons by a serviceman committed under martial law or in a

o at situatio . He e,

unauthorised leave under martial law is punishable according to article

407, paragraph 1, which is carried into effect from 27 January 2023.

329



It remained unclear for how long a military serviceman was allowed to be absent without facing prosecution,

although it is assumed that a serviceman was allowed to be absent for a period of three days without facing

legal sanctions.

330

4.3. Legislative amendments to the Criminal Code of Ukraine and the Code of

Ukraine on Administrative Offenses

The parliament

of Uk ai e, Ve kho a Rada, passed the e la La

o A e d e ts to the

Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses and other legislative acts

regarding the specifics of milita

se i e u de a tial la o o at o ditio s o

De e e

and the law came into effect on 27 January 2023. With the adoption of the law, changes have been made

to the Code of Administrative Offenses of Ukraine (CAOU), the Criminal Code of Ukraine (CCU) and other

legislative acts of Ukraine regarding the legal liability of military offences committed during martial law or

combat conditions.

331

328

International organisation based in Ukraine: 10

329

Law of Ukraine,

On Amendment to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine

and Other Regulations of Ukraine on the Peculiarities of Military Service During Martial Law or in Combat Situations,

Translation, Annex 5,1, section 2, part 4

330

International organisation based in Ukraine: 10

331

Law of Ukraine,

On Amendment to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine

and Other Regulations of Ukraine on the Peculiarities of Military Service During Martial Law or in Combat Situations,

Translation, Annex 5,1; Rubryka,

Army regulation or betrayal: what newly adopted law on military personnel

responsibility entails,

26 January 2023,

url

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Overall, the new law introduced harsher punishments for servicemen during martial law for acts of

disobedience,

failure to comply with an order, threats or violence against a superior, voluntary

abandonment of a military unit or place of service, desertion, voluntary abandonment in conditions of

martial law or a combat situation battlefield or refusal to

a t ith eapo s .

332

The law aimed to

standardise and strengthen the repercussion for breaking military rules and to improve the discipline in the

military.

333

The amendments only apply to defendants who have committed criminal offences after 27

January 2023.

334

The new law entailed the following relevant changes related to the criminal liability for military servicemen:



Courts are precluded from releasing the defendant prosecuted for desertion from custody.

Consequently, persons charged with desertion will remain detained until the sentence has been

served.

335

Persons convicted of desertion under article 408 of the CCU cannot have their sentence suspended

and cannot receive a more lenient or milder sentence than prescribed by the law as previously

stipulated in article 69 of the CCU.

336

These changes are specified in section 2, part 1 of the law

amendment.

337

Persons convicted of criminal offences during martial law cannot serve their sentence with

probation as stipulated in article 75 of the CCU.

338

This change is specified in section 2, part 2 of the

law amendment.

339

The military administrative offences stipulated in article 172, paragraphs 10 (Refusal to fulfil the

lawful requirements of the commander), 11 (Unauthorised leaving of a military unit or place of

service), and 13 (Abuse of power or position by a military official)

340

cannot not be penalised when

the offence is committed during martial law according to the CAOU. Instead, the CCU is liable when

offences are committed under the above-mentioned paragraphs.

341

For some criminal offences, the upper limit of punishment has been increased with the amendment

law. For instance, pursuant to article 403 of the CCU, failure to comply with orders of a commander



Legal Hundred: 3

Politico,

Ukraine army discipline crackdown sparks fear and fury on the front,

5 February 2023,

url

334

International organisation based in Ukraine: 8

335

International organisation based in Ukraine: 8

336

International organisation based in Ukraine: 8; Kyiv Post,

Zelensky Signs Controversial Law Toughening Punishment

for Desertion in Army,

25 January 2023,

url

337

Law of Ukraine,

On Amendment to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine

and Other Regulations of Ukraine on the Peculiarities of Military Service During Martial Law or in Combat Situations,

Translation, Annex 5,1, section 2, part 2

338

Legal Hundred: 3; Rubryka,

Army regulation or betrayal: what newly adopted law on military personnel

responsibility entails,

26 January 2023,

url

339

Law of Ukraine,

On Amendment to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine

and Other Regulations of Ukraine on the Peculiarities of Military Service During Martial Law or in Combat Situations,

Translation, Annex 5,1, section 2, part 2

340

Law of Ukraine,

On Amendment to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine

and Other Regulations of Ukraine on the Peculiarities of Military Service During Martial Law or in Combat Situations,

Translation, Annex 5,1

341

Legal Hundred: 2

333

332

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upon absence during martial law is now punishable by imprisonment for a term of five to eight

years instead of three to seven years.

342

Legal Hundred reiterated this legal change.

343



The i i al offe e of u autho ised lea i g of a ilita u it o pla e of se i e, as ell as failu e

to report for duty on time without valid reasons by a serviceman committed under martial law or in

a o at situatio is pu isha le dete tio i a pe al attalio fo a te of up to t o ea s o

imprisonment for a term of up to three years. See

section 4.2.3.

344

The amendments were introduced without public debates.

345

However, the international organisation did

not rule out that the amendments have triggered criticism within the military, because military evaders and

deserters during martial law normally would receive milder sentences than originally prescribed in the law

until the adoption of the law on 27 January 2023.

346

Over 25,000 Ukrainians arguing that the new law was

too harsh reportedly signed a petition. Despite the petition, President Volodymyr Zelenskyy refused to veto

the law.

347

The law has been criticised for strengthening the power of the Military Law and Order Service

and enabling the command to abuse this new empowerment to blackmail and punish military servicemen

for any criticism. Moreover, it has been criticised that military servicemen cannot be released from their

prison sentence under extenuating circumstances.

348

4.4. Enforcement of legislation related to punishment of illegal border

crossing and military evasion and desertion

The following two sections cover the enforcement of punishment related to illegal border crossing,

including military evasion and desertion.

4.4.1 Enforcement of legislation related to illegal border crossing

DIS received two hearing statements from the Ukrainian authorities. According to one of the hearing

statements, 1,093 criminal offenses were registered in 2022 pursuant to article 332 of the Criminal Code of

Ukraine (CCU) pertaining to the illegal transportation of persons across the state border, of which 291 were

sent to court with indictments. Pursuant to the court decisions, 12 convicts received a prison sentence, 12

received a fine and 70 were released on probation.

In the period from 24 February 2022 to 12 April 2023, following statistics were registered under the

investigation units and detectives of the National Police of Ukraine:

Law of Ukraine,

On Amendment to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine

and Other Regulations of Ukraine on the Peculiarities of Military Service During Martial Law or in Combat Situations,

Translation, Annex 5,1, section 2, part 3

343

Legal Hundred: 4

344

Law of Ukraine,

On Amendment to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine

and Other Regulations of Ukraine on the Peculiarities of Military Service During Martial Law or in Combat Situations,

Translation,

Annex 5,1, section 2, part 4

345

Legal Hundred: 4; International organisation based in Ukraine: 9

346

International organisation based in Ukraine: 9

347

Politico,

Ukraine army discipline crackdown sparks fear and fury on the front,

5 February 2023,

url;

The New York

Times,

As Ukraine Signs Up Soldiers, Questions Arise About How It Chooses,

28 July 2022,

url

348

Rubryka,

Army regulation or betrayal: what newly adopted law on military personnel responsibility entails,

January 2023,

url

342

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE



5,306 criminal proceedings were initiated under article 358 of the CCU related to the forgery of

documents of which 2,131 were brought to court.

1,991 criminal proceedings were initiated under article 332 of the CCU related to illegal

transportation of persons across the state border of which 311 were brought to court.

300 criminal proceedings were initiated under article 369 of the CCU based on attempt of bribery,

of which 182 were brought to court.

12 criminal proceedings were initiated under article 366 of the CCU related to issuing a false official

document

Six criminal proceedings were initiated under article 368 of the CCU related to accepting an

improper advantage by an official of which three were brought to court.

The most severe sanction prescribed to offenders of illegal border crossing under the martial law period

was imprisonment for a term of seven to nine years with confiscation of property under article 332

pertaining to the illegal transportation of persons across the state border.

349

4.4.2 Enforcement of legislation related to military evasion and desertion

Legal Hundred said that generally there were limited statistics regarding the enforcement of the

punishment of military evaders and deserters. Statistics may likely be published after the end of the

evasion.

350

As of February 2023, approximately 2,500 cases of draft evasion have reportedly been opened in Ukraine

since the beginning of the invasion of which there have been 400 indictments.

351

NEEKA noted that since

the beginning of the full-scale invasion, more than 2,100 criminal proceedings have been initiated. Out of

these, more than 430 included charges for illegal trafficking of persons, 1,650 for forgery of documents, and

more than 20 for draft evasion. More than 950 people have been notified of suspicion of committing these

crimes, and more than 350 people have already been brought to justice.

352

According to one hearing statement from the Ukrainian authorities, in 2022, 112 persons have been

convicted under article 335 of the Criminal Code of Ukraine (CCU) concerning evasion from conscription,

while 186 persons were convicted under article 335 of the CCU concerning evasion of conscription for

military service during mobilisation in a special period. The courts sentenced 15 people to imprisonment

under article 335 and 336 of the CCU, and seven persons accused of committing criminal offences under

article 335 of the CCU were sentenced to restriction of liberty. In addition, 274 persons convicted of the

criminal offences of evasion were released by the courts on probation.

353

In another hearing statement from the Ukrainian authorities, it is stated that in the period from 24

February 2022 to 12 April 2023, the investigation units and detectives of the National Police of Ukraine

investigated 4,399 criminal offences related to evasion from conscription, including 4,319 under article 336

(Evasion from conscription during mobilisation for a special period), 63 under article 337 (Evasion from

Ukrainian authorities, hearing of MFA of Denmark,

On accountability of individuals subject to military service for

evading conscription, illegal crossing of the state border under the martial law regime,

10 May 2023, 9 June 2023

350

Legal Hundred: 13

351

The International Committee of the Fourth International,

Ukrai e ra ks do o

ilitary deserters

, 2 February

2023,

url

352

NEEKA: 20

353

Ukrainian authorities, hearing of MFA of Denmark,

On accountability of individuals subject to military service for

evading conscription, illegal crossing of the state border under the martial law regime,

10 May 2023, 9 June 2023

349

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military registration or special (training) session), and 7 under article 335 (Evasion from conscription for

military service) of the CCU. Out of these, 957 of the criminal cases were brought to court. The vast

majority are held criminally liable under article 336 of the CCU pertaining to evasion from conscription

during mobilisation for a special period, which constitutes failure to appear at the territorial recruitment

centre following the receipt of a mobilisation order.

354

Regarding desertion, 154 persons were convicted of desertion in 2022, according to article 408 of the CCU,

of whom 15 were sentenced to imprisonment and 139 were released on probation. Referring to a report of

the p ose uto s offi e fo Ja ua to Ma h

, the hea i g state e t of the MFA stated that p e-trial

investigations in criminal proceedings on crimes related to desertion were completed in respect of 89

persons accused of desertion.

355

Until 27 January 2023,

he La

o A e di g the Code of Uk ai e o Ad i ist ati e Offe ses a d

the C i i al Code a e i to effe t, o e le ie t se te es e e ge e all gi e tha p es i ed the

law.

356

In practice, courts prescribed prison sentences to evaders for a term of one to three years, although

draft evasion by law is punishable by imprisonment for a term of three to five years.

357

Legal Hundred

opined that light punishments have previously been prescribed, based on an intention to continue the

service in the military forces and balance

the pu pose of pu ish e t ith the i te est of the defe e .

358

Befo

e the adoptio of the e la o

Ja ua , ou ts adjudi ated i f a tio s o a ase-by-case

basis

whereby some perpetrators were able to escape punishment for serious breaches, while others could

receive harsh sentences for less serious violations.

359

The Legal Hundred interlocutor stated that there was

no information about the implementation of the new amendment law adopted on 27 January as of

February 2023, since the judicial practice has not been formed yet.

360

In an article from Al Mayadeen from 31 January 2023, it was reported, however, that the Ukrainian

government had started prescribing multi-year prison sentences to accused draft evaders. Also injured men

failing to report to the recruitment offices face multiple years in prison. Moreover, while many accusations

of evasion have been dismissed, the courts have started handling cases of evasion.

361

Regarding prison facilities, Legal Hundred informed that deserters might serve their sentences in special

departments for law enforcement and military personnel within the ordinary prisons. Pursuant to article 62

of the Criminal Code of Ukraine (CCU), the court could impose punishments in a penal battalion for certain

crimes, such as

o s ipts

and servicemen serving on a contractual basis, officers serving in the military,

officers serving on conscription, conscripts during mobilisation, for a special period, servicemen called up

for military service on the call of reservists during a special period (except for female servicemen), for a

Ukrainian authorities, hearing of MFA of Denmark,

On accountability of individuals subject to military service for

evading conscription, illegal crossing of the state border under the martial law regime,

10 May 2023, 9 June 2023

355

Ukrainian authorities, hearing of MFA of Denmark,

On accountability of individuals subject to military service for

evading conscription, illegal crossing of the state border under the martial law regime,

10 May 2023, 9 June 2023

356

Legal Hundred: 13

357

International organisation based in Ukraine: 5

358

Legal Hundred: 13

359

Politico,

Ukraine army discipline crackdown sparks fear and fury on the front,

5 February 2023,

url;

Kyiv Post,

Ukrai e’s Top Ge eral Supports Harsher La for Deserters a d Draft-dodgers,

20 December 2022,

url

360

Legal Hundred: 13

361

Al Mayadeen,

Ukraine begins jailing draft dodgers: MP,

31 January 2023,

url

354

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pe iod of si o ths to t o ea s . The a ti le o eo e stipulates that the ou t

could substitute

imprisonment for up to two years with serving in a penal battalion for the same term unless the person

previously had served a sentence in prison.

362

4.5 Other negative consequences and reprisals against military evaders and

deserters

Generally, there was limited information regarding additional consequences against military evaders and

deserters beyond legal sanctions. Military evaders and deserters might be subject to negative attitudes

from society, including social stigmatisation.

363

Controversies were more likely to occur in smaller

settlements or villages in Ukraine compared to bigger towns and cities. For instance, controversies might

exist between persons who lost relatives in the war and persons convicted of desertion.

364

Given the low

number of returning evaders and deserters, it is difficult to establish the prevalence of societal

consequences.

365

Moreover, due to the principle of individual punishment, relatives of convicted evaders

and deserters might not be subject to any sanctions.

366

Beyond societal consequences, persons convicted of evasion and desertion might find it difficult to be hired

for positions in public administration. In a suspension period, a convicted person might not be able to

obtain a passport for travelling abroad.

367

An interlocutor of the international organisation was of the opinion that Ukrainian citizens residing abroad

potentially could be extradited to Ukraine within the framework of the 1957 European Convention on

Extradition in cases where there was a verdict against them and they were under investigation for evasion

or desertion. However, the interlocutor had not come across such information.

368

According to an article by the International Committee of the Fourth International, the government of

Ukraine cracked down on deserting soldiers. It was cited that there has been an increase in saboteurs and

soldiers deserting their positions, which was also caused by the circulation of videos on social media of the

forced mobilisation of Ukrainian men.

369

This corresponded with the information regarding Ukrainian men

who periodically have been forcefully recruited to military service.

370

There have reportedly been so-called

public scandals involving inappropriate call-ups and videos appearing to show men being roughed up by

enlistment officers for refusing a summons and reports have revealed incidences of men being signed up

unwillingly.

371

Legal Hundred: 21; The Criminal Code of Ukraine,

Article 62- Custody of military servants in a penal battalion,

url

Legal Hundred: 17; International organisation based in Ukraine: 15

364

International organisation based in Ukraine: 17

365

Legal Hundred: 17

366

Legal Hundred: 18

367

International organisation based in Ukraine:15

368

International organisation based in Ukraine: 16

369

The International Committee of the Fourth International,

Ukrai e ra ks do o

ilitary deserters

, 2 February

2023,

url

370

NEEKA: 17

371

Wall Street Journal (The),

A Year Into War, Ukraine Faces Challenges Mobilizing Troops,

23 March 2023,

url;

New

York Times (The),

As Ukraine Signs Up Soldiers, Questions Arise About How It Chooses,

28 July 2022,

url

363

362

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Annex 1: Meeting notes

Right to Protection (R2P)

Meeting at Shehyni border crossing point, Ukraine, 28 February 2023

1. R2P as UNHCR partner monitors the border crossing points (BCPs) between Poland and Ukraine and

provides legal assistance to persons who aim to exit Ukraine through the BCPs. Legal assistance

includes information dissemination about regulations for border crossing and required documents

to present to the State Border Guard Service (SBGS) officers at the BCPs. Under such circumstances,

the R2P Monitors, who are present at the BCPs, may contact the lawyers of the R2P Legal Team or

consult the SBGS Head of the Shift to receive clarifications on the legal rules. In addition, it is the duty

of R2P Monitors to observe the amenities at the border and refer their observations to other

organisations and state institutions in order to improve procedures and facilities at the border. R2P

monitors also act as the link between civilians aiming to cross the border and relevant government

institutions or organisations to which R2P may refer persons depending on the request of assistance.

As an example, R2P highlighted that in case of miscommunication or disagreements between SBGS-

officers and civilians at the BCP, R2P Monitors will convene the conversation and assist with

clarification regarding the exit rules or the reason for the rejection at the border. In situations where

documents need further examination, R2P Monitors may contact the Head of the Shift for

consultation.

2. R2P makes use of leaflets, posters, social media and hotline to disseminate the information about

thei p ese e a d fu tio . R P s

presence at the border is funded by UNHCR. Besides that, R2P

performs a lot of other important protection activities in the rest of the country in 20 oblasts of

Ukraine in the framework of different projects financially supported by UNHCR and other

international donors.

Corruption and inconsistency in the enactment of the exit regulations

3. According to the observation of R2P, there have not been situations where SBGS-officers have

undertaken their job at the border in ways that are not compliant with the law. Nevertheless, SBGS

has adopted an internal resolution regarding passports. This resolution gives persons with residential

registration in areas of active hostilities permission to cross the border with Ukrainian passport,

whereas remaining Ukrainian citizens are required to present their international passports. R2P

cannot establish whether this internal resolution is adopted at remaining border crossing points to

other neighbouring countries beyond the Polish/Ukrainian border.

4. In September 2022, the Cabinet of Ministers introduced the amendments of the rules to establish

the fact of providing care for a person with disability as a reason to exit Ukraine. Since it is the

obligation of local authorities to issue the documentation of this there were no general procedure or

framework for enforcing this rule consistently, and consequently local authorities could issue

documents, according to their interpretation, which has resulted in arbitrary procedures at the BCPs.

5. According to R2P, it is common that SBGS-officers at the BCPs are regularly replaced with new SBGS-

officers. R2P informed that in situations where SBGS-officers have limited experience in border

guarding it is the procedure that the newly recruited SBGS-officers refer to the Head of Shift of SBGS

for guidance and education.

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6. R2P stated that challenges are more or less similar at other IBCPs where R2P is also present (in

Lvivska, Volynska, Chernivetska, and Vinnytska oblasts) and that enforcement of rules and

procedures are more or less uniform.

7. R2P was not aware of the occurrence of persons who have been granted permission to cross the

border without the required documents and certificates. On the other hand, if there were such

incidences R2P would not be informed. With other words, R2P has not observed corruption in the

work undertaken by SBGS.

8. The monitors of R2P were not aware of any corruption measures put in place to prevent corruption

at the BCPs besides regular change of staff. However, it was the opinion of R2P that corruption is

prevented through the digitalisation of services whereby Ukrainians can obtain documents online

and do not have to approach the document issuance institutions in person.

Challenges observed at the border by R2P

9. Regarding challenges at the BCPs, R2P highlighted that men who are excluded from military service

often expect to be able to exit Ukraine with their military ticket and are not aware of the requirement

of presenting medical assessment in addition to the military ticket. Furthermore, there are men who

are not familiar with the ban of crossing the border for someone who has served his sentence in

prison, which is marked by a special stamp in the military ticket. Finally, there have been situations

where men of three or more children have been denied exit due to unawareness of the rule. For

instance, if a man has three children of which one child is from a former marriage, he has to present

additional proof that he is a caretaker of the third child.

10. Towards the end of 2022, persons with disability faced obstacles when crossing the border, as the

rules were amended with the effect that persons with disability are required to present a pension

certificate in addition to the medical certificate. The issuance of the pension certificate took one

month and during that period, there was no unified template for certificate, which was a reason for

the rejection at the BCPs by the SBGS.

11. R2P was not aware of the prevalence of organised human smuggling or human trafficking . R2P

regularly disseminates information on risks of human trafficking and available reporting channels

through their hotline, posters and leaflets in order to fight human trafficking.

12. Generally, the amount of people crossing the border has decreased significantly in 2023 compared

to 2022.

13. R2P informed that at the Mamalyha border crossing point to Romania, SBGS have granted men with

disability permission to cross the border without certificate of disability, but a reference has been

sufficient. At the Sokyryany border crossing point to Moldova, SBGS has previously accepted a

document on the receipt of social benefits for disability for men with disabilities.

Documents

14. The main reason for rejection at the BCPs is due to lack of required documents as persons are not

aware of the recent amendments to the law. In the case where a rejected person approaches R2P

for clarification regarding their denial to cross the border, R2P may approach the Head of the Shift

or the R2P Legal Team to seek clarification regarding the rejection.

15. According to the knowledge of R2P, there is no database that SBGS uses at the BCP with aim of

verifying medical documents presented at the border. According to R2P, it is the Medical Social

Expert Commission that can verify certificates related to disability and pension. However, R2P was

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16.

17.

18.

19.

not certain about the SBGS procedures of validating medical documents and advised DIS to direct

the questions on this matters to SBGS.

The Shliakh the path data ase is i te ded fo sto i g data ega di g e lia le fo ilita se i e

who drive humanitarian cargo or transport military or medical supply. It is the military authorities

that uploads information in the database, which then is approved by the SBGS at the BCPs. The DIIA

database is a Ukrainian platform that includes personal certificates, including passports, driver

license, COVID-vaccination, tax-number, IDP-certificate etc.

Regardless of residence registration, Ukrainians can request issuance of documents in any oblast of

Ukraine. Some of them can be issued online and there is no need to approach document issuance

institutions in person.

It is common that Ukrainians abroad return to Ukraine temporarily. A Ukrainian person from

territories with active hostilities can exit Ukraine only one time with a Ukrainian internal passport. If

the same person exits Ukraine more than once, the person is obliged to present an international

passport if he/she wishes to cross the border.

As a additio al e a k, it as la ified that a hite ti ket is issued to a a

ho is o pletel

excluded from military service, both under martial law and in peacetime. When excluded for military

o s iptio u de a tial la it is the ilita ti ket that is appli a le.

Forged documents

20. Information about forged documents did not pass to the attention of R2P, and therefore R2P could

not inform about the most common type of forged documents. However, in 2022 there was some

news on a mass movement of students claiming their inscription in foreign universities based on

forged documents.

21. The R2P informants were not sure about the procedure following the detection of forged documents

at the BCPs. Nevertheless, a representative of the Security Service of Ukraine is present at each BCP,

hence in cases of forged documents, SBGS may refer the perpetrator to the security service official.

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NEEKA

Meeting at Uzhhorod border crossing point, Ukraine, 2 March 2023

The NGO, NEEKA, is an implementing partner of UNHCR that has worked for more than 20 years in the

Zakarpattia region of western Ukraine. NEEKA is mandated to support refugees, asylum seekers, stateless

persons and internally displaced persons (IDPs) with basic assistance, which include material, medical, social

and legal assistance. The initial goal of the NEEKA was to protect the environment but the activities have

expanded to the engagement in social, psychological and legal assistance. Particularly, the current focus of

NEEKA is to support the integration of IDPs from the eastern Ukraine and to distribute humanitarian aid

from their international partners. The work of the NEEKA is based on needs and trends observed through

monitoring and surveys. NEEKA has offices in Ukraine, Hungary and Romania, and works in neighbouring

countries of Slovakia and Poland.

Border monitoring mandate of NEEKA

1. NEEKA is monitoring the borders at five border-crossing points (BCP) on the border with Slovakia,

Hungary and Romania in the Zakarpattia region of western Ukraine. NEEKA monitors four of the

BCPs every day with the presence of border monitors, whereas the organisation only visits another

BCP once or twice a week. NEEKA conducts surveys to understand the border crossing trends of

persons leaving and returning Ukraine. At the BCPs, NEEKA has installed physical information

stands with the aim of sensitising about general border-crossing information but also information

regarding shelter opportunities and other available services in the neighbouring countries. Only in

Uzhhorod, NEEKA has not received the permission from the City Council to install a stand at the

BCP.

2. NEEKA provides legal assistance and consultations at the BCP to assist with information regarding

rules for crossing the border, including required documents. In addition, persons in need can reach

the NEEKA hotline to seek assistance and they will be referred to the relevant department based on

their specific needs. If it is a matter related to document requirements for border crossing, the

persons in need will be referred to a lawyer for legal assistance.

3. At the BCP, NEEKA is in regular dialogue with the State Border Guard Service (SBGS) to seek

clarification regarding decisions at the border. There are instances where NEEKA monitors

accompany rejected persons to the SBGSs to seek clarification regarding their rejection at the

border.

Border crossing practices at the BCPs

4. In the beginning of the full-scale invasion, many public services were suspended and many of the

Ukrainians who arrived at the border were not in possession of personal and military documents,

which pertained particularly to persons from eastern Ukraine. In this first period of the Russian

invasion, the regulations for crossing the border were loosely defined and the SBGS adopted

internal and informal procedures that allowed border crossing with copies of passports although

this procedure was not lawfully enacted by the Ukrainian government. Gradually, the Cabinet of

Ministers adopted more strict requirements and regulations. NEEKA estimates that the situation

normalised towards the end of April where the SBGS procedures across the different BCPs became

more uniform and standardised. In addition, SBGS took measures that prevented border crossing

with forged documents.

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5. According to NEEKA, although the situation has somewhat normalised at the BCPs, they do not rule

out the possibility that irregular procedures could occur. If there were irregularities in the

implementation of the exit regulations, it would normally not come to the attention of NEEKA as

such information would be unofficial.

6. In the beginning of the full-scale invasion, there were cases where persons rejected at the border

were not provided with a decision from the SBGS in writing, which was the basis for appealing to

the head of the detachment with a complaint about the refusal to issue a written explanation. In

response to the complaint, the persons had to be provided with explanations stating the reasons

for refusal to cross the border. If the reasons did not comply with the law, persons could appeal to

the court against the decision to refuse to cross the border. However, the number of such cases

were few as the majority of the rejected persons would attempt to cross the border at another BCP

instead of filing a suit against SBGS.

7. During the first months after the invasion, there were situations where persons rejected at one BCP

would travel to another BCP to be granted permission to cross the border. Particularly, students

e listed at fo eig u i e sities e e a le to oss o e at so e BCP s ut e e eje ted at othe

BCPs. In addition, there was a trend of persons purchasing forged disability certificates online. The

SBGS officers were not able to verify the certificates, which resulted in the inconsistent and varying

procedures where some BCPs accepted the certificates whereas others did not. Now it has become

the procedure that SBGS crosscheck the certificates with the Medical Commission in order to

validate the genuineness.

8. The Medical Commission determines the disability group category but this commission does not

determine eligibility for serving in the army. The Military-Medical Commission is the entity that

undertakes the medical examination and decides whether someone is fit for military service or not.

The Military-Medical Commission also examines additional medical certificates from other

institutions and can take a decision regardless of the disability group status issued by the Medical

Commission. Permission to cross the border is granted only in case of deregistration from the

military register (this occurs if the following grounds are available: recognized by the military-

medical commissions as unfit for military service with exclusion from the military register; have

reached the age limit for being in the reserve; terminated the citizenship of Ukraine; have been

previously sentenced to imprisonment for committing a grave or especially grave crime; sent to

penitentiary institutions to serve their sentence or subjected to compulsory medical measures;

died or were recognized as missing or declared dead in accordance with the procedure established

by law). Persons who are exempt from military service only in peacetime but are subject to

mobilization during martial law are prohibited from traveling outside Ukraine.

9. In addition to men, some categories of women are not allowed to exit Ukraine. This is the case for

women holding special positions in the government or city council, for instance. The categories of

women who are covered by the travel ban are listed in resolution number 69 of the Cabinet of

Minister adopted on the 27 of January 2023.

10. According to NEEKA, the biggest challenges at the BCPs were periodic power cuts that resulted in

interruption at the BCPs and the inability to crosscheck documents in the online databases.

Moreover, comprehensive examination of documents and vehicles by SBGS officers resulted in long

queues at the border leaving Ukrainians to wait up to 20 hours at the BCPs.

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Corruption

11. NEEKA informed that they were not aware of situations where officials should have assisted men in

the conscription age with crossing the border illegally. NEEKA is of the opinion that harsh sanctions

had a deterrent effect on officials to carry out corrupt practices. Nevertheless, it is known that men

in the conscription age have been able to pay officials in the Medical Commission to issue medical

documents as a way to circumvent the exit regulations.

12. Seemingly, it was frequently practiced that men in the conscription age took advantage of the

system to obtain legal documents to cross the border. For instance, there were examples of men

who had obtained permission to travel abroad temporaril

th ough the Shl akh the path s ste

and did not return to Ukraine after departure although they were given a fix-term travel

permission.

Organised human smuggling and illegal border crossing

13. NEEKA informed that there have been criminal networks or individuals of different European

nationalities who have operated along the border of Ukraine. For payment, they have assisted

Ukrainian men in the conscription age to exit Ukraine through illegal means

–

for instance, they

could instruct how to cross the border undetected through forests or rivers. This trend has

prevailed since the beginning of the full-scale invasion and is still a tendency at the time of this

interview. In addition, there has been examples of persons hiding in buses or vehicles. NEEKA could

not provide an estimation of the number of persons crossing the border illegally and with the

assistance of criminal networks.

14. According to official data, since the beginning of martial law, 12,000 men have tried to illegally

leave Ukraine, 15 of them have died.

15. The practice of crossing the border illegally has been particularly widespread at the Ukrainian

border with Hungary. The river, Tisza, flows along the border between Ukraine and Hungary making

it an advantageous opportunity to flee Ukraine through water. Some men in the conscription age

leave their car at the river and swim across the river with swimming equipment and wetsuit. This

practice has reportedly been common since autumn 2022.

16. Some SBGS guards are recruited to guard the border at selected border locations beyond the

formal BCPs, particularly along the Tisza River, in order to prevent and detect persons from crossing

the border illegally. Those who are detected for attempting to cross the border illegally are

arrested. SBGS guards also crosscheck the number of passengers in vehicles at the border to detect

illegal border crossing. Despite the SBGS measures along the borders, there are still an unknown

number of men who manage to exit Ukraine illegally.

Forced / semi-forced military recruitment

17. NEEKA informed that the tendency of crossing the border illegally is widespread partly due to the

fear of being forcefully recruited to the military. For instance, it is known that military officers who

forcefully recruit or persuade the men to join the military service against their will stop men in the

conscription age on their way to town or job. The men who are subjected to the interrogation by

military officers are brought to the military commissariat for registration from where some are sent

to the frontline to replace soldiers. The tendency of forced / semi-forced recruitment is fuelled by

the fact that the number of military personnel is diminishing and because soldiers at the frontline

need replacement for relief. For instance, each military commissariat periodically needs to recruit a

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specific number of soldiers. If the number is not reached through voluntary registration at the

commissariat, the military commissariat may resort to forced or semi-forced recruitment.

Reportedly, the problem was widespread from May until August 2022 and again in January and

February 2023 up to the time of this interview. Even the NEEKA border monitors have experienced

incidences where they were interrogated and had to prove their humanitarian occupation and

partnership with UNHCR to avoid recruitment.

18. Currently, students are exempted from military service but in future perspective, they may be

called up for military service to relieve soldiers at the frontline. This discussion is currently debated

within the government of Ukraine but not yet in the public.

19. Once a person receives a conscription / draft note from the military commissariat the person is

obliged to attend the military commissariat for registration for military service. If the person

circumvent registration at the military commissariat, the person will be convicted for committing

an administrative offence, and subsequently it may turn into a criminal offence.

Punishment

–

illegal border crossing

20. Since the beginning of the full-scale war, more than 2,100 criminal proceedings have been initiated:

more than 430 of them for illegal trafficking of persons, 1,650 for forgery of documents, and more

than 20 for draft evasion. More than 950 people have been notified of suspicion of committing

these crimes, and more than 350 people have already been brought to justice

21. Illegal border crossing in wartime entails liability under the law. This liability may be administrative

or criminal depending on the specific case. In particular, crossing the border outside of checkpoints

(through the forest, river, in the trunk of a car, etc.), presenting someone else's document when

crossing the border (including a woman's passport, having changed clothes accordingly) entails

liability under Article 204-1 of the Code of Administrative Offenses: illegal crossing or attempting to

illegally cross the state border of Ukraine.

22. Criminal liability may be incurred under the following articles:

Article 358 of the Criminal Code of Ukraine: Forgery of documents, seals, stamps and forms, sale or

use of forged documents, seals, stamps.

Article 369 of the Criminal Code of Ukraine: Offering, promising or giving an undue advantage to an

official.

Article 336 of the Criminal Code of Ukraine: Evasion of conscription for military service during

mobilization, for a special period, for military service by conscription of persons from among

reservists during a special period

Article 332-2. Illegal crossing of the state border of Ukraine.

23. Article 358 of the Criminal Code of Ukraine on forgery of documents, seals, stamps and forms, sale

or use of forged documents, seals, stamps governs the criminal offence of crossing the border with

corruptly obtained or forged documents for men liable for conscription under martial law.

24. Article 332 of the CCU (Illegal transportation of persons across the state border of Ukraine) applies

to persons who transport persons across the border. Article 332-2 of the CCU (Illegal crossing of the

state border of Ukraine) applies to persons liable for military service who crossed the border with

the help of organized human smuggling.

Punishment of military evaders and deserters

25. Upon receipt of the call-up and passing the military medical commission, which recognized the

person as fit for military service, the person is issued a call-up for departure, indicating the date and

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time of departure. If the person explicitly refuses to receive the summons, he or she is warned of

criminal liability under Article 336 of the Criminal Code of Ukraine, and in case of further refusal, an

act of refusal to receive the summons is drawn up, after which the person is prosecuted under

Article 336 of the CCU.

26. A man liable for military service who refuse to perform service or refuse to receive a call to

departure for military service is held criminally liable under Article 336 of the Criminal Code.

27. If a person has received a military call-up notice and fails to report to the territorial recruitment

centre without a good reason, he or she may be held liable under Art. 210-1 of the Code of

Administrative Offenses.

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Legal Hundred

Online meeting, 22 February 2023

The Legal Hundred is an NGO that provides legal assistance to participants in the Russian-Ukrainian war

and their families. The lawyers of the organisation assist more than 3,000 military personnel, veterans and

their family members every month. The NGO cooperates with the UN, the General Staff of the Armed

Forces, the Ministry of Veterans Affairs, the Ministry of Defence, and other organisations.

Legal Hundred was founded in 2014 as a group of volunteer lawyers on Facebook who provided assistance

to wounded participants of the Russian-Ukrainian war in military hospitals. In January 2015, Legal Hundred

was registered as NGO.

Legislation on evasion and desertion of military service during mobilisation:

1. Evasion of military service can be either an administrative offense or a criminal offense. The Code

on Administrative Offenses or the Criminal Code of Ukraine cannot be applied at the same time.

The Code of Ukraine on Administrative Offenses regulates penalties for administrative offenses.

The Code contains a chapter on liability specifically for military administrative offenses. Examples of

administrative offences include the act of voluntary leaving by a serviceman of a place of service or

a military unit, failure to return from a business trip, vacation, or from a medical institution.

Depending on the specific circumstances, such an act may be qualified as an administrative (art.

172-11

https://zakon.rada.gov.ua/laws/show/80731-10#Text

) or criminal offense (art. 407

https://zakon.rada.gov.ua/laws/show/en/2341-14#n2361).

As a rule, it is a crime if a soldier is

absent for more than three days.

The La

o A e di g the Code of Uk ai e o Ad i ist ati e Offe ses a d the C i i al

Code a e i to effe t i Ja ua

. The la has ade ha ges to the Code

of Ukraine on

Administrative Offenses, the Criminal Code of Ukraine and other legislative acts of Ukraine

regarding the specifics of military service under martial law or combat conditions. This new law

excluded the period of martial law from some articles of the Code of Administrative Offenses,

which means that only the criminal code is liable in cases where a person is not returning to his

military station of duty. Before the adoption of the new law, absence without leave from a military

unit or place of service could entail an administrative offence if it was committed for a short period

of time (a couple of hours). After the adoption of the new law, a criminal punishment will be

applied if someone leaves his unit or place of service. However, judicial practice has not yet

developed since the law only entered into force in January 2023.

3. The new law 2839-IX introduces harsher punishments for servicemen under martial law for acts of

disobedience, failure to comply with an order, threats or violence against a superior, voluntary

abandonment of a military unit or place of service, desertion, voluntary abandonment in conditions

of martial law or a combat situation battlefield or refusal to act with weapons. For instance, the

amendments prohibit courts from imposing reduced sentences to soldiers found guilty, which is

established in article 69 of the Criminal Code. This means that the court cannot apply mitigating

circumstances under martial law and sentence a lenient punishment than what has been

prescribed by the law or discharge a person from punishment for invasion. In addition, the

amendment of article 75 of the Criminal Code prohibits the act of serving a sentence with

probation where servicemen have committed criminal offences under martial law.

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4. For some crimes, the upper limit of punishment has also been increased with the new law. For

instance, the new law proposes to punish failure to comply with an order (if it causes serious

consequences) with a criminal penalty of imprisonment for a term of five to eight years. Before

these changes came into effect, the maximum punishment was limited to a term of three to seven

years. However, the punishment for administrative military offenses have also increased. The draft

law was adopted without public discussion and it was justified by the martial law and the need to

strengthen disciplinary measures.

5. Legislations governing the criminal liability of military evaders and deserters during martial law are

provided in chapter 19 of the criminal code.

Legislation on illegal border crossing

6. Regarding legislations governing the illegal border crossing out of Ukraine under the martial law,

the interlocutor stated that only the resolution 57 of the Cabinet of Ministers is applicable. Illegal

border crossing may constitute a crime of evading mobilisation in case a person received a

mobilisation order, underwent a medical examination and illegally crossed the border (art. 336 of

Criminal Code). In addition, illegal border crossing may compose an administrative offense, if a

person violated the rules of military registration (art. 210 or 210-1 in the Code of Ukraine on

Administrative Offenses).

7. Other articles governing the punishment of illegal border crossing may include article 202, 204-1 of

the Code of Ukraine on Administrative Offenses, if it is a violation of the border regime or the

regime in Ukrainian state border checkpoints.

8. If a person received a summon with a demand to appear at a military unit and decided to evade

military service by crossing the border, article 336 will govern the criminal offence.

9. The following articles of the criminal code, including 358

–

forging of documents; 369

–

benefit for

official; 366

–

official forging; 332

–

illegal movement of persons are also applicable during martial

law even though it is not explicitly stated in the articles.

10. Restriction of freedom is a punishment that occurs when a person is kept in open-type penal

institutions without isolation from society. It is applied to persons who have reached the age of 18.

11. If a person crosses the border based on illegal grounds it can be an administrative offence or a

criminal offence. If a person has a mobilisation order and crossed the border, the person is

punished according to the criminal code.

12. Article 332 covers the illegal movement of persons across the state border of Ukraine, and the

punishment applies to the person who organises the illegal transportation of persons across

border. Therefore, this article does not apply to the victims of organised smuggling. Victims of

organised smuggling are not subject to punishment, unless they are involved in a separate

component of crime, such as forgery of documents.

Enforcement of the law

13. There is no statistics on the enforcement of punishment of military evaders and deserters. New

verdicts appear in the state register of court decisions. Statistics may likely be published after the

end of the invasion.

14. According to the interlocutor of Legal Hundred, the extent to which the legislation is enforced

depends on the violation and the specific case. Nevertheless, generally crimes committed during

martial law or in a combat environment is punished stricter compared to peacetimes. However, it is

the opinion of Legal Hundred that a light punishment has been enforced under martial law. The

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15.

16.

17.

18.

19.

20.

21.

reason is that the courts take into account the desire and possibility to continue the service in the

future and try to balance the purpose of punishment with the interests of the defence. However,

this procedure may have changed with the adoption of law 8271. Now it is too early to draw any

conclusions regarding the implementation of the new law, since the judicial practice has not yet

been formed.

Voluntary abandonment of a military unit or place of service, as well as non-appearance on time for

duty without valid reasons by a serviceman, committed under martial law or in a combat situation,

shall be punished by imprisonment for a term of five to ten years. Desertion under martial law or in

a combat situation shall be punishable by imprisonment for a term of five to twelve years

If there is suspicion of evasion or desertion, the commander of the person may inform the higher

command, and subsequently an investigation of a crime will start. The State Bureau for

Investigation is responsible for handling military crimes, including evasion and desertion under

martial law.

Legal Hundred was not aware of additional consequences pertaining to desertion and evasion from

military service during martial law, besides the disciplinary measure of dismissal from military

service if a serviceman is sentenced to imprisonment. The interlocutor expressed that deserters

and evaders might be subject to negative attitudes from the society. However, due to the small

number of returning evaders and deserters it is difficult to establish the prevalence of societal

consequences.

According to the interlocutor of Legal Hundred, no family members or relatives of convicted

evaders and deserters are subject to sanctions because of the principle of individual punishment.

Regarding treatment of persons returning to Ukraine after having crossed the border illegally, the

Legal Hundred interlocutor opined that there might be some social condemnation. However, this is

not demonstrated presumably due to the small number of returnees.

The interlocutor could not establish whether a deserter is punished lighter if he returns to his unit,

from which he deserted as such information is not publicly available.

Deserters might keep in special departments for law enforcement and military personnel within the

ordinary prisons. For certain crimes, the court can impose an alternative punishment; either a

disciplinary battalion or imprisonment (for example, such an alternative can be applied for

voluntarily leaving the place of service in peacetime in accordance with Article 407 of the Criminal

Code). Punishment in the form of detention in a disciplinary battalion is imposed on conscripts,

servicemen undergoing military service under a contract, officers undergoing personnel military

service, officers undergoing military service upon conscription, servicemen called up for military

service during mobilization, for a special period, and to servicemen called up for military service by

conscription of reservists in a special period (except for female servicemen), for a period of six

months to two years Also, the court can replace deprivation of liberty for a term of no more than

two years with detention in a disciplinary battalion for the same term. Detention in disciplinary

battalion of servicemen instead of imprisonment cannot be applied to persons who have previously

served prison sentences (art. 62 of Criminal Code).

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International organisation based in Ukraine

Online meeting, 13 March 2023

Legislation and practice regarding draft evasion and desertion

1. The interlocutor of the international organisation referred to an analysis of OHCHR regarding the

travel ban in a publicly available report covering the human rights situation from 24 February until

15 May 2022.

372

Although the report was published almost one year ago, the interlocutor stressed

that the conclusions are still relevant up to today

–

also despite the fact that some categories of

persons have been added to the eligibility list for exiting Ukraine.

2. Article 336 in the Criminal Code of Ukraine is applicable for individuals prosecuted for draft

evasion. It is not the practice that every man liable for military service who fails to appear at the

military draft commission will be immediately subjected to prosecution for draft evasion. Article

336 applies only to persons who have passed the medical examination by the draft commission. In

practice, a person will receive a first summons with a notice to undergo medical examination at the

draft commission, and subsequently the medical commission determines the fitness for military

service. If the person is declared fit for military service, has undergone medical examination and

fails to appear at the military draft commission at the specific date provided in the summoning

letter, the person will face the risk of prosecution, according to article 336. The conviction can be

imprisonment for a term of up to 3-5 years.

3. Article 335 of the criminal code establishes same criminal liability for commanders only.

4. Article 336/1 of the criminal code is reserved for individuals working in the civil protection service

or persons working for the State Emergency Service of Ukraine, specifically.

5. Draft evasion is by law punishable with imprisonment for a term of 3-5 years, but to the best of

i te lo uto s k o ledge, i p a ti

e courts often deliver suspended prison sentences ranging from

1 to 3 years. If the defendant breaches the terms of the suspended sentence or commits another

offence, it can have severe consequences for the defendant who may serve the full period of the

suspended sentence in prison.

6. According to the law, a suspended sentence does not prevent a defendant from being summoned

again. However, the interlocutor of the international organisation did not have information about

defendants being recalled by the army during the period of suspension.

7. Article 408 in the criminal code applies to the criminal offence of desertion. During peacetime

desertion is punishable with imprisonment for a term of 2-5 years. During time of war or martial

law, the punishment is imprisonment for a period up to 5-12 years. Hence, the sentence is more

severe due to the fact that they are already serving in the military.

De e e

, the Ve kho a Rada e a ted the La No.

O A e d e ts to the

Code of Ukraine on Administrati

e Offe ses a d the C i i al Code of Uk ai e ai ed at i p o i g

the military discipline and law and order during military service under martial law. The law entered

into force on 27 January 2023. The adoption of the amendments precludes courts from releasing

from custody the defendants who are prosecuted for desertion from detention. Consequently,

persons who are charged for desertion will be detained until the sentence has been passed. In

addition, persons who are convicted under article 408 cannot have their sentence suspended and

372

UN OHCHR, Situation Of Human Rights In Ukraine In The Context Of The Armed Attack By The Russian Federation

24 February

—

15 May 2022, 29 June 2022,

https://www.ecoi.net/en/file/local/2075439/22-06-

28_OHCHR_Thematic_Report_Ukraine_ENG.pdf

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they cannot be given a more lenient sentence than prescribed by the law. Prior the adoption of the

amendment, article 69 of the Criminal Code allowed courts to impose lenient prison sentences,

depending on individual circumstances. However, these amendments will apply only to those

individuals who committed acts of desertion after 27 January. Up to the date of this interview,

there were no known court practice concerning the implementation of the new law.

9. To the best of the inte

lo uto s k o ledge, the a e d e ts e e i t odu ed ithout a ge e al

public debate, as public debates regarding legislation in Ukraine are usually not common. In

addition, the interlocutor did not know whether the previous legislation regarding evasion

constituted a problem. However, it is likely that the court practices have triggered criticism by the

military based on the opinion that military evaders and deserters convicted after 24 February 2022

could receive milder sentences than originally prescribed in the law. The interlocutor highlighted

that, according to the database of verdicts, there were few occasions where men deserting after 24

February 2022 were given sentences within the range prescribed by relevant articles of the Criminal

Code of Ukraine, as it was the court practice to either give a suspended sentence or sentence with

a shorter prison term than prescribed by the law on the basis of Article 69. For instance, pursuant

to article 408, desertion is punishable by a prison term of 5- 12 years and in the majority of the

court cases known to interlocutor that were published in the period of 24 February 2022 until 27

January 2023 the judges were giving suspended sentences to the defendants, according to article

69 of the criminal code. The amendment enforces courts to give sentences that are in congruence

with the law and preclude courts from suspending or lowering the prison terms.

10. Article 407 in the criminal code concerns unauthorized absence without leave from a military unit

or place of service. Compared with desertion, this article concerns the absence of a military

serviceman from his military unit for a limited period of time lasting from few weeks until a month.

The criminal offence of unauthorized absence in punishable by imprisonment for a term of 5

–

years when it happens during martial law. Desertion differs from unauthorized leave based on the

assumption that the military serviceman left his unit without an intention to return, whereas

unauthorized absence entails that the serviceman was missing for a period before returning. The

interlocutor did not have any knowledge about the maximum period of time of which a serviceman

is allowed to be absent without facing prosecution, although it is assumed that a serviceman is

allowed to be absent from his military unit for a period of three days without legal sanctions.

11. Military evaders, who are sentenced with a prison term, are likely to serve their sentences in

ordinary prison facilities. Those convicted for unauthorized leave and desertion would most likely

not be imprisoned in ordinary prison facilities due to the fact that they are military servants.

Additional legislations regarding illegal border crossing

12. Pursuant to article 204-1 of the Code of Ukraine on Administrative Offenses, illegal border crossing

or attempts to cross the border illegally out of Ukraine, both outside a Ukrainian border-crossing

point (BCP) or at a BCP, is subject to administrative liability entailing a fine amounting to 100

untaxed minimal personal incomes or correctional labour for a period of up to one month with a

deduction of 20 % of earnings, or administrative arrest for up to 15 days.

13. Article 332 of the Criminal Code criminalises the illegal movement of persons across the state

border of Ukraine with the punishment of three to five years in prison. If a group commits same

actions, the prison term is seven to nine years. The article does not penalise persons who have

been subjected to the movement across border but only the organisers of human smuggling. For

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instance, the article is applicable to those using their vehicle or van to transport people across the

border.

14. The interlocutor did not have information regarding the treatment of persons who have been

subjected to organised human smuggling, since it is not part of their mandate.

Other consequences for deserters and evaders

15. Convicted military evaders and deserters may face additional societal consequences, including

social stigmatisation. In general, desertion has a negative connotation compared with evasion, and

consequently, deserters may face severe societal consequences compared to evaders. In addition,

the conviction of evaders and deserters entail the criminal record of the person concerned that

could affect the possibility to be hired in positions in the public administration. Moreover, during a

suspension period, it is difficult for the convicted person to obtain a passport for travelling abroad,

which may restrict the possibility of leaving Ukraine, even if the travel ban were lifted.

16. Ukrainian men who live abroad, who have managed to leave Ukraine legally or illegally, are likely to

face additional consequences in situations where they are under investigation or added to a

wanted listed. The interlocutor was of the opinion that, based on cooperation between Ukraine

and EU member states, under certain circumstances Ukrainian citizens living abroad could

potentially be extradited to Ukraine within the framework of the 1957 European Convention on

Extradition. Although the interlocutor has not come across such information, it was believed that

Ukrainians staying abroad might face such consequences if there is, for example, a verdict against

them.

17. The interlocutor did not have any knowledge if relatives of military evaders and deserters face

sanctions. Nevertheless, based on assumptions, there may exist controversies in smaller

settlements or villages between persons who for instance lost relatives in the war and persons

convicted for desertion. Such controversies are unlikely to occur in big towns and cities.

Mobilisation / conscription

18. It has been observed in big cities that men in the conscription age are being apprehended on the

street by the military. The draft commissions have mobile points with the main task of handling the

summons, and there are reports of forced conscription where men are coerced to undergo medical

examinations.

19. There are reports concerning incidences where officials from draft commissions apply excessive

and physical force to conscript men, but to the best of the interlocuto

s k o ledge, it is ot a

pattern that is common for the whole country or for all members of the draft commissions.

Travel regulations and border crossing practices

20. The government of Ukraine has a leeway to restrict freedom of movement of individuals. It is the

assessment of the international organisation of this interview that the martial law does not provide

a clear justification for the travel ban applicable for the majority of the male population. Because of

the lack of justification of the government regulations concerning the travel ban, it is difficult to

determine whether such measures are necessary to maintain service in the army.

21. According to the knowledge of the international organisation, there is inconsistency between the

aims and means of the travel ban. For example, the travel ban applies to the majority of the male

population, even those who are exempted from serving in the military armed forces. Hence, a

person who has the legitimate ground for not serving in the army is restricted from leaving Ukraine.

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Another example pertains to the situation of students enrolled at foreign universities who were

allowed to exit until the end of summer and all of a sudden, the State Border Guard Service (SBGS)

changed the practice and prohibited students from travelling abroad. According to the interlocutor,

the example points to the lack of consistency in the application of the exit regulations.

22. The interlocutor found it hard to determine if some BCPs are more lenient or more corrupt

compared to others, as the organisation does not monitor the BCPs. However, the final decision of

granting permission to cross the border is exclusively the decision of the SBGS and therefore there

could be situations where certain documents would not be accepted at one BCP but be accepted

without scrutiny at another BCP resulting in different implementation of the travel regulations.

23. The international organisation has received letters from persons who were rejected at the BCP,

even though they believed to be in possession of the documentation enabling them to lawfully

cross the border out of Ukraine. The interlocutor cannot assist the persons other than advising

them to seek legal assistance.

24. There are reports of people who were denied exit and have brought the case to the court.

However, it is uncertain whether the court cases resulted in alteration of the practice, as the

international organisation did not specifically monitor these developments.

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A non-Ukrainian Organisation working in Ukraine

Online meeting, 9 February 2023

Legislation

On declaration of war/martial law

1. Article 106 of the Constitution of Ukraine provides for the President of Ukraine to declare general or

partial mobilisation and the introduction of martial law. The Verkhovna Rada of Ukraine must

approve the declaration, according to Article 85 of the Constitution of Ukraine.

The La of Uk ai e O the Legal Regi e of Ma tial La , hi h defi es a tial la as a spe ial legal

regime, regulates the procedures regarding martial law. Martial law can be introduced in the whole

or in parts of Ukraine in the event of armed aggression or threat of attack, danger to the state

independence of Ukraine or its territorial integrity. It provides for the provision of appropriate state

authorities, military command, military administrations and local self-government bodies powers.

3. Decree no. 64 of the President of Ukraine became effective and introduced martial law from 05:30

on 24 February 2022 for a period of 30 days and has subsequently been extended several times and

approved by Verkhovna Rada.

4. The President signed the Decree No. 65 "On General Mobilisation" 24 February 2022, which declared

mobilisation of men aged 18 to 60. The terms of the general mobilisation were extended several

times.

On military service during martial law

5. According to Article 65 of the Constitution of Ukraine and Article 1 of the Law of Ukraine "On

Military Duty and Military Service", it is the duty of the citizens of Ukraine to protect the country.

6. The Law of Ukraine "On Mobilisation Training and Mobilisation" (Law on Mobilisation) defines the

framework in case of a partial or full mobilisation. Article 23 in the law establishes the range of

persons who are not subject to conscription for military service during mobilisation. Among the

categories of persons are people occupied in some state institutions and self-government; persons

with approved categories of disabilities or unfitness; women and men with three and more

children; or who independently raises a child or with a child with either disability or serious illness

etc.

7. According to the same article, there are also categories of persons who are temporarily not subject

to conscription for military service during mobilisation. The categories of persons are among others,

students; scientific personnel; women and men whose close relatives died or went missing in the

anti-terrorist operation etc.

8. The law of Ukraine "On Military Duty and Military Service" provides the legal regulations of the

itize s duties ega di g ilita se i e. The la

distinguishes between the concepts of "removal

from

ilita egist atio " a d "e lusio f o

ilita egist atio ", he e the e o al efe s to

a te po a

easu e he eas e lusio is pe a e t. The list of atego ies ho a e e luded a d

removed from military registration is listed in article 37 of

the

Law of Ukraine on Military Duty and

Milita Se i e .

The law also distinguishes between the grounds for removal and exclusion from

military registration.

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On exclusion from military service

9. Ukrainian citizens who are subject to exclusion from military registration are persons who:



are recognised by the military medical commissions as unfit for military service with exclusion

from military registration;



have reached the maximum age of being in the reserve;



terminated Ukrainian citizenship;



were previously sentenced to imprisonment for committing a serious or particularly serious

crime;



were sentenced to psychological institutions or who have been applied coercive measures of a

medical nature.

On exit rules for Ukrainian citizens during martial law

10. The issue of the departure of Ukrainian citizens abroad is regulated by the Law of Ukraine "On the

Procedure for Exiting/Entering the territory of Ukraine by Ukrainian Citizens". In accordance with this

Law, documents entitling a citizen of Ukraine to exit/enter Ukraine are:



passport of a citizen of Ukraine to travel abroad;



diplomatic passport of Ukraine;



service passport of Ukraine; sailor's identity card;



crew member's certificate;



identity card for return to Ukraine.

11. The procedure for crossing the state border by citizens of Ukraine is regulated by the Rules for

Crossing the State Border of Ukraine, approved by Resolution No. 57 of the Cabinet of Ministers of

Ukraine of 27 January 1995. The resolution was adopted in a time under different circumstances that

did not correspond to the situation after 24 February 2022. This is why the rules were amended

several times after the onset of Russian invasion on 24 February 2022.

12. In addition to the categories who are entitled to exit Ukraine, the Resolution No. 57 also defines the

list of documents required to cross the border. In the cases defined by the law, in addition to passport

documents, citizens must present supporting documents to prove their eligibility to exit Ukraine.

13. The rules establish that in the event of the introduction of martial law on the territory of Ukraine,

the following persons have the right to cross the state border:



persons with disabilities with a certificate confirming the relevant status, or a pension certificate

or a certificate confirming the appointment of social assistance in accordance with the Laws of

Ukraine, which indicate the group and cause of disability, or certificates for receiving benefits by

persons with disabilities who are not entitled to pension or social assistance, according to the

form approved by the Ministry of Social Policy;



persons who have a wife (husband) with disabilities and accompany such a wife (husband) to

travel outside of Ukraine, with the documents (their notarized copies) confirming family ties and

disability;



persons who have one of their parents or spouse's parents with disabilities of group I or II and

accompany one of such parents to travel outside Ukraine, in the presence of documents (their

notarized copies) confirming family ties, marriage, disability, as well as documents confirming

cohabitation, or taking care of one's parents or the parents of the wife (husband), which is

confirmed by an act of establishing the fact of taking care of one of their parents or the parents

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

of the wife (husband), or documents (certificates) on receiving compensation (benefits,

allowances) for care;

persons who provide permanent care for persons with disabilities of group I or II and accompany

such persons to travel outside Ukraine, in the presence of documents (certificates) on receipt of

compensation (benefits, allowances) for care or documents confirming disability, and the act of

establishing the fact of providing care;

parents, guardians, custodians, adoptive parents, foster parents who are raising a child with a

disability under the age of 18, in the presence of a child's birth certificate or documents

confirming the relevant authority of a person accompanying a child with a disability (in the case

of being accompanied by a guardian, one or both adoptive parents, foster parents), a certificate

confirming the appointment of social assistance, which specifies the status of "child with a

disability", or a certificate of receipt of state social assistance for children with a disability;

parents who have dependent adult child with a disability of group I or II, in the presence of his

birth certificate and documents confirming the disability (notarized copies);

grandmothers, grandfathers, adult brothers, sisters, stepmothers, stepfathers who accompany

children with disabilities to travel outside of Ukraine,

the case of their belonging to the

category of persons who are not subject to conscription for military service during mobilisation,

provided they have the appropriate supporting documents and documents confirming family ties

(their notarized copies);

persons who need constant care - accompanied by one of the family members of the first degree

of consanguinity, in the presence of documents confirming family ties, and the conclusion of the

medical advisory commission of the health care institution about the need for constant external

care or accompaniment of a person, who provides permanent care for the specified persons, in

the presence of documents (certificates) on receipt of compensation (benefits, allowances) for

care or a conclusion of the medical advisory commission of a health care institution on the need

for permanent external care and an act of establishing the fact of providing care;

guardians of persons with disabilities, recognized by the court as incapable, who accompany such

persons to leave Ukraine, in the presence of a decision on the appointment of a guardian for

such a person; and in the case when a guardian has not been appointed for such a person,

–

one

of the adult family members of the first or second degree of consanguinity in the presence of

documents confirming family ties, disability (their notarized copies);

Male citizens of Ukraine between the ages of 18 and 60 may travel outside of Ukraine

independently based on a certificate confirming that such persons with disabilities, children with

disabilities, persons in need of constant care, or children are registered at the consulates,

documents (their notarized copies) giving the right to leave;

Male citizens of Ukraine between the ages of 18 and 60 who accompanied persons with

disabilities, children with disabilities, persons in need of constant care, or children to travel

outside of Ukraine must return to Ukraine no later than the return of the persons to the territory

of Ukraine, whom they accompanied;

A mother and/or father, guardian, custodian, one or by both adoptive parents, foster parents

can accompany children suffering from the approved type of diseases in the presence of a

certificate of receipt of state aid for a child suffering from certain diseases, or a document issued

by the medical advisory commission of a health care institution, as well as documents confirming

family ties (in the case of accompaniment by the mother and/or father), or documents

confirming the relevant authority of the person accompanying such a child (in the case of

accompaniment by a guardian, custodian, one or both adoptive parents, foster parents);

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The decision to grant permission to leave Ukraine to a male person accompanying a child who

has not reached the age of 16 shall be made taking into account the accompanying person's

inclusion in the list of categories of persons exempted from military service and mobilisation, if

s/he has supporting documents;



persons from the defence and security forces, injured in connection with the military aggression

of the Russian Federation against Ukraine, for treatment abroad in the presence of a passport of

a citizen of Ukraine to travel abroad or a passport of a citizen of Ukraine (in their absence -

documents containing information about the person, on the basis of which the State Border

Guard Service will allow the crossing of the state border) and in the presence of a conclusion on

the need to send a person from the defence or security forces injured in connection with the

military aggression of the Russian Federation against Ukraine, for treatment abroad and a letter

from the Ministry of Health on the agreed with a foreign party list of persons from the defence

forces and security forces, injured in connection with the military aggression of the Russian

Federation against Ukraine, who can be accepted by health care institutions of foreign countries

for treatment abroad;



drivers carrying out the transportation of medical cargo, humanitarian aid by road vehicles for

the needs of the Armed Forces, other military formations formed in accordance with the laws of

Ukraine, as well as the population of Ukraine, across the state border in the presence of relevant

decisions on leaving Ukraine, compliance with the rules for crossing the state border of Ukraine,

and if there is information about the person in the relevant information system, the

administrator of which is Ukrtransbezpeka (State Transportation Safety Service);



drivers of vehicles of business entities that have a license to carry out economic activities in the

international transportation of goods and passengers by road transport, subject to compliance

with the rules for crossing the state border of Ukraine and if there is information about the

person in the relevant information system, the administrator of which is Ukrtransbezpeka



employees of railway transport enterprises, which ensure the functioning and uninterrupted

operation of the railway, across the state border in the presence of relevant decisions on

departure from the borders of Ukraine and compliance with the rules for crossing the state

border of Ukraine



athletes can cross the state border subject to the availability of relevant supporting documents

and compliance with the rules for crossing the state border of Ukraine



male citizens of Ukraine aged 18 to 60 have the right to cross the state border of Ukraine if they

are on their way to work on sea vessels, inland navigation vessels as part of the crews of such

vessels or to undergo practical training on vessels



aviation personnel, state inspectors for aviation supervision or persons authorized to conduct

inspections of the State Aviation Service, and employees of the State Aviation Enterprise

"Ukraine", if they are going to work (perform official duties) abroad or for simulator training,

subject to compliance with the rules for crossing the state border of Ukraine, availability of

supporting documents

14. The following categories are exempted from military service but do not have the right to cross the

state border during martial law:



students of professional (vocational and technical), professional pre-higher and higher

education, trainee assistants, graduate and doctoral students studying full-time or dual forms of

education;



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

scientific and scientific-pedagogical employees of institutions of higher and vocational pre-

university education, scientific institutions and organizations who have an academic title and/or

scientific degree, and pedagogical employees of professional (vocational-technical) education

institutions, general secondary education institutions, provided that they work in institutions of

higher or professional higher education, scientific institutions and organizations, institutions of

professional (vocational and technical) or general secondary education as the main place of work

by at least 0.75 salary rate;

women and men whose close relatives (husband, wife, son, daughter, father, mother,

grandfather, grandmother or biological (consanguineous, non-consanguineous) brother or

sister) died or went missing during an anti-terrorist operation;

women and men whose close relatives (husband, wife, son, daughter, father, mother,

grandfather, grandmother or biological (consanguineous, non-consanguineous) brother or

sister) died or went missing during the implementation of measures to ensure national security

and defence, resistance and deterring the armed aggression of the Russian Federation in the

Donetsk and Luhansk regions, as well as during the provision of national security and defence,

repelling and deterring armed aggression against Ukraine during martial law.

Documents

Military documents for persons, released from military service/mobilisation

15. The procedure for documents issued to conscripts and reservist are regulated in the Ukrainian

Ca i et of Mi iste s Resolutio No.

De e e

e te ed i to fo e o Ja ua

P o edu e fo O ga izi g a d Mai tai i g Milita Re o ds of Co s ipts, Rese ists .

According to the resolution, the issued documents for the following categories are:



Conscripts

–

a certificate of registration at the conscription station;



Persons bound for military service

–

a military ticket or a temporary certificate of a conscript;



Reservists

–

a military ticket

16. The Order No. 206 from 10 April 2017 of the Ministry of Defence states that line 15 of the military

ticket of unranked, sergeants and master-sergeant servicemen provides for the information that

the citizen of Ukraine has been recognized by the conscription (medical) commission as unfit for

military service with removal from military registration. Line 16 of the military ticket provides for

the information that a citizen of Ukraine is excluded from military registration after reaching the

maximum age of being in the reserve.

17. The Order No. 610 from 21 November 2017 from the Ministry of Defence states that line 13 of a

temporary certificate of a conscript gives the information whether a conscript is included in or

removed from the military register. In line 14, information on the exclusion from the military

Systems for verifying documents

Shliakh

18. At border crossing points, the SBGS uses, among other systems related to border crossing, the

s ste Shliakh [Шл ] that is ad i iste ed the State Se i e of T a spo t Safet . The s ste

has ee i use si e Ma h

. Shliakh e a les the autho ities to e te the data a d hold the

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records of male drivers of conscription age, who are allowed to cross the border, primarily for

transport of military and medical equipment or humanitarian aid. The military or medical

authorities submit the request to the Ministry of Infrastructure after which the information are

forwarded to the SBGS for approval, and subsequently SBGS can allow the driver to cross the

border.

19.

The Shliakh s ste is i te ded fo o tai i g pe issio fo t a spo tatio du i g a tial la i

the following cases:

- internal transportation of passengers by buses;

- domestic transportation of dangerous goods and hazardous waste by trucks;

- international transportation of passengers by bus;

- international transportation of dangerous goods and hazardous waste by trucks;

- international transportation of goods by trucks (except transportation of dangerous goods and

hazardous waste).

20.

The e has ot ee a egulatio of the Shliakh s ste si e Ma h

. O Fe ua

, the

government put forward a draft legislation, which is still pending. The details of the proposal are

expanded in a report from October 2022 by the National Agency for Corruption Prevention of

(NACP). A version of the document has been published, but it was a very preliminary draft, and

upon public consideration and further discussion among state institutions, it is expected that the

draft would be considerably modified.

Diia

21.

The s ste Diia [Д ] is a digital i te a tio appli atio et ee the Uk ai ia autho ities a d

the itize s. Ho e e , Diia is ot used at the o de ossi g poi ts BCPs , si e it is ot a

validation tool for identity documents. However, it can be used to identify a Ukrainian citizen

entering Ukraine if there are no other means to validate the identification of that person, for

i sta e la k of ide tit do u e ts. Fu the o e, Diia a ot e used i the temporary

occupied

territories.

22.

The e a e pla s a out i teg ati g i fo atio f o the ilita ad i ist atio s i the Diia

database, allowing border guards to receive military documentation through the application.

However, it has not been implemented to this date.

Situation at the borders

23. On 23 March a new law came into force (the Law on Amending Some Laws of Ukraine on

Protection of the State Border of Ukraine of 24 February 2023), introducing changes to the Law on

Border Control. According to the changes introduced, in case of humanitarian reasons, to ensure

protection of national interests or in connection with performance of international obligations, the

foreigners, stateless persons or citizens of Ukraine, that do not comply with one or more conditions

for crossing the state border of Ukraine, may be allowed to cross the state border by the decision

of the Head of the SBGS or the acting Head of SBGS.

Prevalence of fraud / illegally obtained documents

24. An article citing a SBGS spokesperson who highlighted that since the onset of the full-scale invasion

–

40 persons have tried to cross the border illegally on daily basis, 3,900 persons have been

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detained following attempts to cross the border with falsified documents and 9,200 have been

detained in attempts to cross the border beyond the formal BCP.

25. For more detailed information about the schemes used by men to aged 18

–

60 to circumvent the

travel bans and avoid mobilisation, the below-

e tio ed stud Co uptio S he es a d isks

related to leaving

the ou t du i g a tial la f o the Natio al Age

o Co uptio

Prevention in Ukraine.

373

Corruption

26. The NACP study describes a list of eight identified illegal schemes of "circumventing" the ban on

exiting Ukraine by conscript men under martial law since 24 February 2022. Some of the schemes

regards corruption risks, while others are a result of illegal actions or significant shortcomings in the

system of control over the crossing of the state border.

Scheme 1: Illegal border crossing

27. The NACP identified four methods of illegal border crossing:

Crossing outside the border crossing points (BCP) and checkpoints without passing

autho ized offi ials of SBGS u it;

ii)

Crossing the border with the use of a passport of a foreign country;

iii)

Crossing at BCPs and control points with the assistance of officials of the SBGS without

carrying out mandatory border control procedures;

iv)

Crossing the contact line to occupied territories with subsequent travel abroad through the

temporarily occupied territory of the Autonomous Republic of Crimea and the territory of

the Russian Federation.

Scheme 2: Fraudulent removal from the military register

28. The NACP identified two methods of using false documents to remove the person from the military

Usage of military ticket with notes on the removal from the military register;

ii)

Usage of military medical commission certificates stating unfitness for military service with

subsequent exclusion from military registration.

Scheme 3: Fraudulent status as student

29. This method consists of using a falsified documents that declare that a person is a student of pre-

high or higher educational institution. This method was more prevalent in the first month after the

Russian full-scale invasion, until the Ukrainian government changed the policies so students could

not leave the country.

Scheme 4: Fraudulent parent of many children

National Agency on Corruption Prevention of Ukraine, Corruption schemes and risks related to leaving the country

during martial law, October 2022,

https://nazk.gov.ua/wp-content/uploads/2022/10/Koruptsiy-

ni_shemy_ta_ryzyky_pid_chas_vyi-zdu_z_Ukrai-ny_v_umovah.pdf

373

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30. This method consists of using falsified birth certificates or other documents so it would look like

that the person would have three or more children.

Scheme 5: Fraudulent medical treatment or rehabilitation abroad

31. This method comprises of using falsified medical certificates or other documents allowing the

person to cross the border on false presuppositions.

Scheme 6: Fraudulent letter

32. The method involves using letters addressed to the SBGS from another state authority that gives

the person the permission to cross the state border.

Scheme 7: Usage of Shliakh-system for military, medical or humanitarian transport

33. This method suggests that a person would be registered as a driver of medical equipment,

humanitarian aid cargo for the needs of the Armed Forces of Ukraine, other military formations

with false intentions to deliver such cargo. The real purpose would be private interests (e.g. taking

family members abroad, visiting family abroad, purchasing foreign vehicles abroad, ordinary

business trips etc.).

Scheme 8: Usage of Shliakh-syste

for seco d-dri er

34.

The final method that was identified by the NACP consists of the risk of a second person

registered as a driver of a business entity with a license to carry out international transportation

of goods and passengers by road transport. The two drivers cross the border and when the

vehicle returns to Ukraine, there is only one driver.

35. The study also identified seven typical risks for male conscripts of the age from 18-60 years to

illegally cross the border:

Abuse of official position, solicitation and receipt by officials of the Ministry of Infrastructure or

Regional Military Administrations of illegal benefits when making a decision on the departure

of such conscripts as drivers of humanitarian and other cargoes outside of Ukraine, using the

information system "Shliakh" or making such decisions in conditions of conflict of interests.

Abuse of their powers by persons authorized to perform the functions of the state or local self-

government bodies, or taking actions in conditions of a real conflict of interests with the aim of

assisting conscripted men to leave Ukraine under the humanitarian cargo driver scheme.

Obtaining an unlawful benefit by an official of a charitable foundation, public organization, and

other legal entity under private law for assisting a conscripted man in "confirmation of

volunteer status" for his departure abroad as a driver of humanitarian cargo using the "Shliakh"

information system.

ii.

Obtaining an illegal benefit by an official of a business entity that has a license to carry out

economic activities of international transportation of passengers by road transport, for

assisting in the departure of a conscripted man outside Ukraine as a bus driver using the

"Shliakh" information system.

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iii.

iv.

vi.

vii.

Abuse, satisfaction of private interests by officials of state bodies in connection with sending

letters to the Administration of the State Border Guard Service with a request to grant

permission to leave Ukraine to conscript men who are not reserved for the period of

mobilisation and wartime.

Abuse of official position and receipt of illegal benefits by officials of the State Border Guard

Service from conscripts:

a. facilitating the illegal crossing of the state border of Ukraine outside the official BCP, in

particular, by providing information about the location of border guards or not entering

information about crossing the border into the relevant databases;

b. assistance in crossing the state border of Ukraine, in particular with the use of forged

documents with notes on removal from military register or unfitness for military

service; documents that do not provide grounds for traveling abroad, for example,

certificates and letters about the need for treatment or rehabilitation in a foreign

medical institution for persons who do not belong to the defence and security forces,

as well as letters about assistance from state authorities.

Abuse of influence, extortion and receiving of undue benefits by servicemen of territorial

recruitment and social support centres for registering, assisting in issuing or forging military

registration and other documents that grant men aged 18 to 60 the right to leave abroad.

Abuse, extortion and receiving of unlawful benefits by doctors of the military medical

commissions for drawing up conclusions on temporary unfitness for military service due to

health or unfitness for military service with exclusion from military registration.

Abuse of official position, influence, demanding and receiving an unlawful demand in the

interests of oneself or third parties by officials of military administrations, local self-

government bodies, heads and members of medical and social expert commissions, as well as

officials and doctors of medical institutions for issuing forged documents, in particular, of

certificate to the medical commission inspection report on the assignment of a disability group

for conscripts.

Abuse, extortion and receipt of unlawful demands in the interests of themselves or third

parties by officials of military administrations for granting unhindered permission to leave to

the temporarily occupied territory of Ukraine (crossing the "contact line").

Punishment of deserters and those who evade military service

36. The Code of Ukraine on Administrative Offenses establishes administrative liability for violations of

the legislation on defence, mobilisation training and mobilisation. In particular, part one of Article

210 regarding the violation of the legislation on defence, mobilisation training and mobilisation

entails the imposition of a fine on citizens from one hundred to two hundred non-taxable minimum

incomes of citizens.

37. Repeated within a year violation provided for in part one of the article 210, for which a person has

already been subject to an administrative penalty, as well as committing such a violation during a

special period, shall result in the imposition of a fine on citizens from two hundred to three hundred

non-taxable minimum incomes of citizens.

38. The territorial centres of recruitment and social support consider cases of violations of the legislation

on defence, mobilisation training and mobilisation.

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39. The Criminal Code of Ukraine established criminal liability for evasion of military service and

desertion.

40. According to Article 336, evasion of conscription for military service during mobilisation is

punishable by imprisonment for a term of three to five years.

41. According to article 408, desertion, i.e. voluntarily leaving a military unit or place of service with the

aim of evading military service, as well as failure to report for service for the same purpose in the

event of assignment, transfer, from a business trip, leave or from a medical institution are punished

by imprisonment for a term of two to five years. During a special period, the punishment is five to

te ea s i p iso e t a d du i g a tial la , the pu ish e t is fi e to t el e ea s i p iso .

42. Desertion with a weapon or by prior conspiracy by a group of persons is punishable by

imprisonment for a term of five to ten years. During a special period, the punishment is five to ten

ea s i p iso e t, a d du i g a tial la the pu ish e t is fi e to t el e ea s i p iso .

43. The pre-trial investigation of criminal offenses provided for by articles 336 and 208 of the Criminal

Code of Ukraine is carried out by investigators of the National Police.

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Europe without Barriers

Written response, 11 April 2023

Background information

Europe without Barriers (EWB) is a Ukrainian civic organization founded in 2009 and focusing on freedom of

o e e t, do u e t se urity, isa issua e, igratio , a d asylu . EWB’s issio is to fi d a e proper

balance between freedom of movement and security in aspiration to see Europe ridded of barriers with

Ukraine being a part of Europe.

EWB is defi ed as a hy rid orga izatio as it ot o ly o du ts like a lassi thi k ta ks poli y a alyses,

monitoring, surveys and researches, but also performs a wide range of advocacy activities.

Women covered by the travel ban

1. On January 27, 2023, the Resolution of the Cabinet of Ministers of Ukraine No. 69 On Amendments

to the Rules for Crossing the State Border by Citizens of Ukraine was adopted. The new rules of

departure concern the following 12 categories of officials, including women:

National deputies of Ukraine

Ministers*

Prosecutors

Deputies of local councils

Heads of bodies and services established by the President of Ukraine*

Heads of the Office of the President of Ukraine, the staff of the VRU, the Security Service of

Ukraine, the National Bank of Ukraine, the secretary of the National Security and Defence

Council*

Heads of state unitary enterprises*

Heads of central authorities*

Heads of local administrations*

10)

Judges (including the Constitutional Court)

11)

State Secretaries of Ministries and CMU

12)

Heads of other state bodies*

13)

Heads and members of the Accounting Chamber, the Central Election Commission, the

National Television Council, other state collegial bodies*

14)

Management of companies in which more than 50% are directly or indirectly owned by the

state

15)

Heads of structural subdivisions of state bodies and local self-government bodies

16)

Other employees booked for the period of mobilization and wartime by the authorities.

*including their deputies

The exceptions are:

business trip of an official (male and female)

departure of an official (male and female) who is a single parent and has a child (ren) under

the age of 18 (including):

for the purpose of visiting such children who are outside Ukraine

to accompany such children to travel outside Ukraine.

departure for treatment abroad (male and female), provided that the appropriate letter from

the Minister of Health of Ukraine is presented at the border.

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Departure is allowed accompanied by one of the family members of the first degree of consanguinity.

The specified wording does not exclude the possibility of accompanying such officials by relatives (parents,

their husbands or wives, children of such persons, including adopted ones), who are legally subject to the

restrictions established by CMU Resolution No. 69.

death abroad of relatives of the first or second degree of consanguinity.

In addition, female officials have the right to visit minor children, who are abroad, if they have the following

documents:

•

birth certificate of a minor child (ren),

•

certified copy of the certificate or birth certificate of minor children,

•

another document confirming that the woman has a minor child (ren).

The fact of the stay of a minor child (children) outside of Ukraine is confirmed as follows:

•

in the register of the State Border Service there must be a note about the crossing of the state

border by a child (ren),

•

if there is no such mark in the registers, you must provide a certificate about the stay of the

child (ren) on consular records in another country.

In addition, according to the last explanation, female civil servants can cross the border of

Ukraine directly with their minor child (ren) without hindrance.

Forgery of documents

2. According to the State Border Guard Service, at the beginning of martial law, 60-70 people were

detained every day trying to cross the border illegally. Today, this indicator has decreased several

times - up to 20 people per day. These statistics also include attempts to illegally cross the border at

checkpoints, when citizens try to use forged documents, as well as those who follow through the so-

called green section of the border, that is, outside the borders of the checkpoints, trying to cross the

state borderline on foot.

3. In general, since the beginning of Russia's full-scale invasion of Ukraine, border guards have detained

more than 11,000 border violators. They tried to leave outside the checkpoints. Another 4,000 tried

to leave with forged documents. Most violators were detained at the border with Romania and

Moldova, while the largest number of those who tried to illegally cross the border with forged

documents were recorded at the border with Hungary and Poland

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4. In general, since the beginning of the full-scale war, the activities of more than 140 illegal groups that

organized illegal trips for those who want to leave the borders of Ukraine in an illegal way have been

stopped. In addition, almost 2,400 criminal proceedings were initiated by law enforcement

agencies.

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5. The three most common ways of obtaining forged documents include:

Option #1. Issuance of the so-called "white ticket". This is the name of the certificate that contains

the conclusion of the military medical commission and determines the unfitness of the man for

military service. The average cost is $1,400-$2,300. It takes 1-7 days to produce documents. In fact,

they offer a fake medical opinion of the military medical commission, produced retrospectively,

which confirms the individual diagnosis, "taking into account the customer's medical history." In

addition to drawing up such a conclusion, the person is promised to be removed from the military

where the man was allegedly treated.

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Option #2. Issuance of documents for the humanitarian cargo driver. The cost is $1100-2000. They

promise to make the documents in 1-3 days. It is offered to cross the border in the role of a volunteer

driver who seems to be transporting rubber aid. Anyone willing to use this method will be registered

as a "second driver" and added to the state system "Shlyah". It was created recently for border

guards to make it more convenient for them to check drivers.

Option #3. Studying at a Polish high school (school for adults). They ask for $1,400-$2,200 for

registration. They promise to prepare an invitation to study within a week.

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Punishment for the forgery of documents and illegal border crossing

6. Punishment for illegal border crossing depends on the type of responsibility and the article under

which responsibility is brought. It can be a fine, restriction of freedom or imprisonment. The specific

type and amount of liability for illegal border crossing in wartime are provided for in the sanctions of

the relevant articles of the Criminal Code of Ukraine or the Code of Ukraine on Administrative

Offenses.

7. Illegal border crossing in wartime with forged documents entails the onset of criminal liability under

Article 358 of the Criminal Code of Ukraine "Forgery of documents, seals, stamps and forms, sale or

use of forged. Criminal liability under this article may arise if a person uses forged documents to cross

the border (a forged passport stating that a man is 17 years old when he is actually 18 years old,

forged conclusions of the Military Medical Commission on recognition of unfitness, etc.). The culprits

may face a fine of up to 50 tax-free minimum incomes of citizens or arrest for a term of up to 6

months, or restriction of freedom for a term of up to 2 years.

8. For other attempts to cross the border (outside the border crossing points through the forest, river,

i the t u k of the a , et . , the p ese tatio of so eo e else s do u e t

hen crossing the border

(including the passport of a woman, having changed clothes accordingly) will be subject to

administrative responsibility, provided for in Article 204-1 of the Code of Ukraine on Administrative

offense "Illegal crossing or attempted illegal crossing of the state border of Ukraine". The commission

of this administrative offense is subject to a fine in the amount of 3,400 to 8,500 hryvnias or

administrative arrest for up to 15 days, with confiscation of tools and means of committing the

offense.

9. In all cases of illegal border crossing by men aged 18 to 60, regardless of the method, their actions

may (if, based on the circumstances of the case and the available evidence, the pre-trial investigation

body can prove in court that the illegal border crossing by a man of conscription age was committed

precisely for the purpose of evading mobilization ) qualify under Article 336 of the Criminal Code of

Ukraine "Evasion of conscription for military service during mobilization, for a special period, for

military service upon conscription of reservists during a special period", which is punishable by

imprisonment for a term of 3 to 5 years. Since today, most often illegal crossing is carried out

precisely for the purpose of evading the draft.

10. In all cases of attempts to illegally cross the border by men aged 18 to 60, regardless of the method,

their actions can be qualified under Article 336 of the Criminal Code of Ukraine "Evasion of

conscription for military service during mobilization, for a special period, for military service upon

conscription of persons with number of reservists in a special period", which is punishable by

imprisonment for a term of 3 to 5 years. There is no separate liability for conscripts for attempting

to cross the border illegally. Draft law No. 7268 has been registered in the Verkhovna Rada, which

proposes to supplement the Criminal Code of Ukraine with a special article that will provide for

criminal liability specifically for illegal border crossing (by any means) by conscripts during martial

law. If it is accepted, the guilty will face a fine or imprisonment for a period of 3 to 5 years.

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Women and military service

11. On 12/30/2022 by Resolution No. 1487, the Cabinet of Ministers of Ukraine adopted a new

Procedure for military registration of conscripts and reservists. The government provided for the

military registration of female doctors, the creation of the Unified State Register of Conscripts and

some other updates. In the new order, it is stipulated that female doctors, nurses and pharmacists

will be conscripted, that is, they must register for the military.

12. Last year, there were fierce discussions about the military registration of women and it was unclear

who would mobilize whom and how to register them. This was taken into account and the categories

were distinguished. Women of medical and pharmaceutical specialties are now subject to mandatory

military registration - that is, those who have graduated from medical universities or

pharmaceuticals. Other women who have a specialty related to the military can register at will. At

the same time, the recruitment of women into the service must still be voluntary. Since 2014, not a

single woman has been forcibly mobilized into the army.

13. Another change to the Procedure concerns female students receiving medical and pharmaceutical

education. Now, 2 months before the end of their studies, universities must submit lists of such

women to the territorial recruitment and social support centres. Previously, it was mandatory to do

it in 3 months. After completion of training, such women are issued a temporary conscript certificate;

they are entered in the Unified State Register of conscripts and reservists. Certificates are valid for

30 days. After receiving the certificate, a woman must appear with it at the military commissariat

within 7 days to be registered for military registration.

14. Women who received a medical/pharmaceutical specialty before December 30, 2022 and were not

on military registration can get a job without registration until 2026.

15. The same norms remain for employers, when a person could not be hired without military

registration documents. In the case of women, doctors and pharmacists should not be required to

have this document until 2026. Nevertheless, some employers require it.

16. Admission to military registration of women with other 14 specialties (in accordance with the Order

of the Ministry of Defence of December 03, 2021 under N 1566/37188 On approval of the List of

specialties and/or professions related to the relevant military registration specialties, after receiving

which women are accepted into military the accounting of conscripts and the List of specialties

and/or professions related to the relevant military accounting specialties) listed below have been

postponed for a year until October 1, 2023. These are the following specialties:

chemistry, chemical technologies and engineering, biology;

telecommunications and radio engineering;

software engineering, computer science, information systems and technologies, computer

engineering, system analysis, cyber security, micro- and nanosystem engineering,

automation and computer-integrated technologies;

metrology and information-measuring technology;

earth sciences, geography, physics and astronomy;

food technology, technology of production and processing of animal husbandry products;

provision of troops, weapons and military equipment, technologies of light industry;

physical therapy, occupational therapy, medical and psychological rehabilitation, public

health, physical rehabilitation, industrial pharmacy, sanitation and expertise;

stomatology, medicine, nursing, pharmacy, technologies of medical diagnosis and

treatment;

biomedical engineering, biotechnology and bioengineering;

veterinary medicine, veterinary hygiene;

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accounting and taxation, marketing, management, entrepreneurship, economics, finance,

banking and insurance;

publishing and printing;

psychology, social work, social welfare.

17. At the same time, on July 13, 2022, the Western Interregional Department of the Ministry of Justice

published an expanded list of specialties. It is currently not approved, but that may change by

October 1st, which is also currently under discussion. In addition to 14 specialties, the following

specialties were added to the expanded list:

aviation transport, aviation and space rocket technology;

railway transport;

fire security.

18. In order to be registered, you need to take a document about education to confirm your

specialization and a workbook to confirm your current experience at the military commissariat. The

question of how the specializations of professions will be determined remains debatable - by

studying at a university, diploma education, or by work. There is no answer to this question in the

normative legal acts themselves, so it is expected that in all cases it will be individual, which may lead

to certain manipulations.

19. In addition, the law does not specify what women FOPs (individual-entrepreneurs) should do and

whether they are obliged to register. Lawyers assume that it is necessary to submit FOP documents

with the corresponding KVEDs (Classification of types of economic activity) to the military

commissariat. Nevertheless, the issue also needs further clarification.

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The State Border Guard Service of Ukraine (SBGS)

Meetings: Online meeting, 22 December 2022; Meeting, Lviv 1 March 2023; Uzhgorod 2 March 2023

Legal reasons for exiting Ukraine during mobilisation

1. The Cabinet of Ministers of Ukraine, Resolution no. 57 on the

Approval of the Rules for crossing the

state border by citizens of Ukraine

from 27 January 1995 is governing the legal reasons for citizens

of Ukraine to cross the state border of Ukraine.

2. During the State of Emergency or Martial Law, the Articles 2.1 to 2.13 of Resolution 57 are

providing the legal reasons for citizens of Ukraine to cross the border during these conditions.

3. The Cabinet of Ministers has adopted several amendments to the legislation for the procedure to

cross the border after the introduction of Martial Law in Ukraine on 24 February 2022.

4. The articles describes the overall procedures that regulate the border crossing for people covered

by the mobilisation, such as people with three or more children; people with disability or serious

medical conditions; people with children with disability or serious medical conditions. People

crossing the state border under those conditions must carry the relevant documentation, for

instance, a note from the Ministry of Health, certificate of disability and pension certificates.

5. Article 2.6 refers to the

Law on Mobilisation Training and Mobilisation,

article 23.

6. The SBGS has a website

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that contains information for Ukrainian citizens regarding the rules for

crossing the state border. However, the Ukrainian State Border Guard Service (SBGS) noted that the

information on the website is not comprehensive, as the information is adjusted and targeting

Ukrainian civilians of all ages and level of education.

7. The general rules states that there are persons who are prohibited from crossing the border even

though they are exempted from military service. This includes categories such as students and

persons with certain limitations or restrictions imposed by the law enforcement agencies, the

courts or the Ministry of Justice. For instance, persons who are subject to limitations by law

enforcement agencies, in case of debt, are prohibited exit of Ukraine. Men in the age category of

18-27 compose another category of men exempted from drafting but prohibited from exiting

Ukraine.

8. There are certain categories of women who are prohibited from crossing the border. These include

women who hold specific government positions. The list of categories are presented in resolution

number 76 of the Cabinet of Ministers.

Situation at the borders

9. The situation at the borders were chaotic the first period after the full-scale Russian invasion of

Ukraine on 24 February 2022. There were long line of cars and people. In the first hours after the

invasion, every person who approached the border crossing points (BCPs) were allowed to cross

the border by the SBGS.

10. At 22:00 pm on 24 February 2022, new instructions were directed to the SBGS. This meant that

only women, children and men more than 60 years old were allowed to cross the border.

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11. In the following days, further instructions were given to the border guards, resulting in higher

compliance between the enforcement of exit regulations at BCPs and resolution 57, articles 2.1-

2.13, which clarifies the exemptions for men between 18-60 years old.

12. In the beginning of 2023, the situation at the Ukrainian BCPs have become calmer. There were no

long lines for crossing the borders, and the rules for crossing the borders were clearer, which made

the work of the border guards easier.

13. The SBGS has received a list of categories of government positions that are not allowed to cross the

border, including women holding certain government positions. When women present themselves

at the BCPs, the SBGS check their occupation in their passports to verify if they hold positions that

prohibits them from crossing the border.

14. According to the SBGS, there are not difference is the interpretation of the exit rules and

procedures are uniform across the different BCPs. In case of controversies regarding

implementation of the rules, the SBGS Administration may be consulted for guidance. For health-

related documents presented at the BCPs, the SBGS verifies the documents through their collection

of samples. There is no available database to validate documents. A person who claim to cross the

border due to disability reasons is obliged to present a certificate of disability and pension

certificate from the local administration centre.

Prevalence and types of falsification and illegal border crossing

15. In the first period after 24 February 2022, there were many cases of falsifications of documents for

men between 18 to 60 years old.

16. The first months after the full-scale invasion, students who studied abroad before the war were

allowed to cross the border. However, this led to an increase in falsified admission documents to

foreign education institutions. As a result, the lawful permission of students to exit Ukraine was

revoked.

17. The SBGS furthermore detected falsifications of child birth certificates. The certificates were in

some cases professionally produced with laser printing. The attempts were made to make it look

like a person had three or more children, which would allow the male person to cross the border.

The SBGS also put attention to the attempts on forging documents proving the guardiancy for

children.

18. According to the SBGS, there has been a prevalence of falsified documents related to disability

status. As an example, a person could present a medical statement stating a category of disability,

which would exempt the person for military service and thus being able to cross the border.

Because of the falsification attempts, on 1 November 2022, an improved version of ID and stamps

regarding documentation of persons who are truly categorised in the groups of disability was

decided.

19. Some people also claimed that they had lost their stamp that would grant them exclusion of

mobilisation to military service. This was most prevalent among some men who originated from the

occupied territories.

20. The SBGS highlighted that there were falsification of documents for truck drivers. In some cases the

trucks leaving Ukraine for special permission such as transporting humanitarian aid, medical or

military supplies have permission to bring an extra driver. The scheme was that both or just the

second truck driver then never returned to Ukraine.

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21. There are still categories of people who can obtain permission to cross the border as, for instance,

is the case with truck drivers. Some of them do not return, but the SBGS noted that the amount of

people who do not return is insignificant.

22. The border guards rejects approximately 100-200 persons daily at all BCPs for not having the legal

reason to exit.

23. Between 10

–

30 persons are arrested daily for trying to cross the border illegally. The same

amount are arrested at the other side of the borders.

24. Statistical data from both Ukraine and the neighbouring countries suggest that the illegal border

crossing has decreased. However, the scale depends on the situation in Ukraine. SBGS further

noted that the amount of detected forged documents has decreased.

25. The SBGS did not have information about the prevalence of bribery and corruption pertaining to

authorities and government institutions who are involved in illegal issuance of documents to assist

persons crossing the border.

26. According to SBGS, it is difficult to determine if some BCPs are subject to more cases of falsified

documents than other BCPs. BCPs with high capacity are subsequently subject to more fraud. For

instance, the biggest BCPs to Poland that can process 100,000 persons per day detect more cases of

fraud with documents compared to a smaller BCP in Odesa Region that only deals with 1000

persons per day.

27. The SBGS noted that illegal border crossings are more prevalent along the borders to Romania and

Hungary, which is caused by a larger presence of criminal groups in those areas who are specialised

in organised human smuggling. There are less cases of illegal border crossing towards Slovakia,

while there are very few cases along the border to Poland. There are examples of men who have

been hiding in cars to cross the border. Organised human smuggling is prevalent as means to avoid

mobilisation and gain social benefits in European countries.

28. According to the SBGS, people are not trying to escape mobilisation, when they attempt to cross

the border. The people complain that they lost their work and/or lack of work opportunities

because of the invasion. That is why they do not have the economic means to provide for

themselves and their families. After the invasion, a substantial amount of businesses closed down

because of military aggression, shelling or other attacks or because of problems with energy caused

by the Russian attacks on Ukrainian energy infrastructures.

29. According to the SBGS, when a person attempts to cross the border, all documentation must be

presented to the border guards. If a person does not have the relevant documents, the person will

not be allowed to cross the border. The person will have to return to Ukraine to collect the relevant

documentation.

30. At the beginning of the war, many people had problems with

–

among many other things

–

the

issuance of documents. However, after a period the local administrations moved to areas that were

not occupied or affected by hostilities. Therefore, the administrations have begun to issue

documents again.

31. Only people originating from the occupied areas and areas of hostilities are allowed to cross the

border on an internal passport. However, they are only allowed to do so, if they do not have an

address registration in other parts of Ukraine. If they already registered with another address in

areas that are not occupied or affected by hostilities, they are obliged to have an external passport

issued in the area where they are registered. All other people have to present their external

passport, as was the rule before the full-scale invasion.

32. When people who officially cannot leave Ukraine without special permission, such as politicians

and higher officials (according to the latest amendment of the exit rules of Ukraine) or woman, the

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names of these

pe so s ill appea i the SBGS data ase. The sa e is the ase ith p e ious

convicts who also are not allowed to cross the border.

33. When asked about whether the SBGS experience that other parts, such as for instance NGOs, can

mediate if a person on false reasons has been denied to cross the border, the SBGS answered that

no one are allowed to escort another person or somehow enter BCPs without a valid reason.

Mediation and negotiation on behalf of other are not considered a valid reason. However, the SBGS

do know there are persons receiving legal counselling and guidance from NGOs regarding

documents required to cross the border, but according to the SBGS, the NGOs cannot consult the

border guards.

34. There is no available database to verify military documents of men in the conscription age. The

SBGS has samples to crosscheck the military documents presented at the BCPs and identify signs of

forgery. SBGS may call the military recruitment centres and military commissariat to check whether

the documents were issued.

Measures taken to prevent falsifications

35. According to the SBGS, the border guards have several measures to detect forgery and illegal

attempts to cross the border.

36. First, the scale of falsifications resulted in an integration and expansion of databases and registers,

i ludi g the spe ial soft a e p og a DIIA Д . It is possi le fo the SBGS to se d a

e uest to

the system of any kind of document and receive a reply within two-three seconds.

37. According to the SBGS, the amount of falsifications decreased significantly after the enactment of

and integration in the databases. The SBGS informed in December 2022 that in the period from

April to June, there were 40-45 cases of falsified documents a day. At the end of 2022, there are

identified only 3-4 cases of fraud per day. Moreover, the perpetrators of falsification have become

conscious about the comprehensive verification processes of documents, and consequently the

demand to procure false documents has decreased significantly.

38. In the beginning of March 2023, the SBGS informed that the number of forgery attempts fell up to

five times.

39. According to the SBGS, every amendment to the legislation, especially Resolution 57, that are

approved, results in a decrease in forgery attempts.

40. According to the SBGS, there are a two-step mechanism of control measures, when Ukrainian male

citizens between 18-60 years approach the border crossing point. The first line of control takes

place with the first border guard. There will be a check of passport, military papers and

do u e tatio fo e e ptio f o

ilita se i e su h as edi al pape s, hild e s i th

certificates etc. The documents will be checked for apparent forgeries or other indicators of

possible falsifications.

41. All males between 18-60 years will pass through a second line of control carried out by an

operational officer. This includes an interview with the person who wants to cross the border.

Furthermore, there will be a deeper inspection of the documentation comparing it with samples

and other relevant information. The operational officer can also call the relevant issuer of

documents such as military recruiting centres and commissariats, medical institutions etc. In

addition, SBGS can confiscate mobile phones to read the mobile data and lines of communication

to detect signs that may indicate illegal acquisition of documents.

42. The SBGS has the relevant equipment to check most documents at the BCPs. For further

investigation, the border guards can request for a mobile laboratory that are able to conduct

further forensic document examination if needed.

43. Even though the SBGS had to recruit more personnel after the full-scale invasion, it is prioritised to

keep the experienced passport specialists in the first- and second line of control. This also enables

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the SBGS to maintain uniform procedures at the different BCPs. Besides, about 50 percent of SBGS

personnel compose of women as the men are often called to serve in the military forces.

44. The SBGS personnel are generally given clear instructions based on the regulations and legislation

in order to avoid ambiguities. If misunderstandings or uncertainties arise, the government has so

far been fast to make amendments to the regulations.

45. The SBGS does also do regular analysis of certain issues. For instance, there are monthly analysis of

pattern among truck drivers that are sent to the Ministry of Transportation and Infrastructure,

which are the responsible authority for the system

– Shliakh ШЛЯХ –

that regulates the

permissions.

Punishment for illegal border crossing and forgery of documents

46. In Ukrainian legislation, crossing the border illegal is an administrative offense, according to article

204.1 in the Administrative Code of Ukraine. People who illegally try to cross the border can be

subject to a fine, which amounts to 50-100 Euros.

47. Persons detected by the border guards are not directly subject to mobilisation; however, the SBGS

notifies the military recruitment centres about the person.

48. People who are involved in the forgery of documents can be convicted for a criminal offence,

according to article 358 of the Criminal Code of Ukraine. In cases where forgery of documents is

detected at the BCPs, the SBGS refers the case to the national police.

49. Organisers of illegal border crossing can be penalised according to article 332 in the Criminal Code

of Ukraine. If the smuggling constitutes human trafficking article 149 of the Criminal Code will be

activated.

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The Ministry of Defence and the State Border Guard Service of Ukraine

(SBGS)

Online meeting, 22 December 2022

Legislation on exemptions to military service during mobilisation:

1. The Ministry of Defence stated that the main laws governing the military service and exemptions

are

The Law on Military Duty and Military Service

and the

Law on Mobilisation Training and

Mobilisation.

Some additional underlying documents explain the procedure. Resolution 45 and 194

of 3 March 2022 of the Cabinet of Ministers regulate the reservation of persons liable for military

service, who can be reserved for the national economy, the enterprises, and the governmental and

local authorities.

Legal reasons for exiting Ukraine during mobilisation

2. Legal reasons for exemptions are provided in resolution 57,

On the approval of the Rules for

crossing the state border by citizens of Ukraine,

of 27 January 1995. The legislation on mobilisation

is a separate law from the procedure on border crossing, although they overlap in some instances.

The procedure for the exit and entry is provided in the

Legislation on the Entry and Exit of Ukraine

established under the Cabinet of Ministers. During the state of emergency, the Cabinet of Ministers

has adopted amendments to the legislation for the procedure of the border crossing.

3. The overall procedures that regulate the border crossing for persons with disability are stipulated in

articles 2-1 to 2-13 in the Legislation on the Entry and Exit of Ukraine. The 13 articles specify

regulations regarding exit of Ukraine during martial law

–

for instance for people with disabilities;

people with a child with a disability; people who cross with children; people who have a medical

conditions etc. Persons under those conditions have to carry the relevant note from the Ministry of

Health.

4. Amongst the 13 articles, there is only one article that is related to the Law on Mobilisation Training

and Mobilisation besides the article 23, paragraph one and two

SBGS recommended DIS to look

into the 13 articles of the resolution that describes who are allowed to cross the border during the

martial law period.

5. The information provided on the SBGS website regarding the rules of crossing the state border

during the state of emergency is not comprehensive, as the information is adjusted and targeting

Ukrainian civilians of all ages and levels of education.

6. Persons exempted from military service - but who are prohibited from crossing the border - include

categories such as students and persons with certain limitations or restrictions imposed by the law

enforcement agencies hereunder the courts or the Ministry of Justice. For instance, persons who

are subject to limitations by law enforcement agencies, in case of debt, are prohibited exit of

Ukraine. Men in the age category of 18-27 compose another category of men exempted from

drafting but prohibited from exiting Ukraine.

Issuance of military documents

There are different types of military registration documentations, which include temporary military

certificates, military tickets and certificates for military registration.

The

certificate for military registration

covers a specific area or district and applies to the age

category of 18

–

27, who are exempted mobilisation. Young men aged 17 years are issued the

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10.

11.

12.

13.

14.

document in order to be registered to serve in a specific military area. The document contains

personal data and information on the status of their military service.

A person who is drafted or who concluded the military contract receives a

military ticket

from the

unit in which they were registered. The military ticket contains information about achievements,

positions, titles, range etc. Hence, men reaching the age of 27 are obliged under the regulations for

mobilisation. The territorial staffing centre is in charge of issuing a document that indicates

whether someone is obliged for mobilisation or receive a temporary certificate for exemption from

mobilisation.

Men in the conscription age who are

exempted

from military service include those who 1) have

reached the age of 60 2) suffer from a medical condition or 3) have committed a severe crime that

has been reported to the regional military unit, in which they are registered. Exclusion based on a

medical condition requires a

statement

from the Military Medical Commission indicating that a

person suffers from a medical condition that prevents military duty.

Persons who are

excluded

from military service have a special note in their military document

saying that they are excluded from military service. In addition, a special mark with the Ukrainian

trident appear in the note. If a person is excluded based on a medical condition they are provided

with an annex (which is called annex 4) from the Military Medical Commission stating that the

person should be excluded. If the exclusion is based on a severe crime, the person is acquainted

with a document from the court with the decision.

Persons who are exempted or excluded from military service have to receive the necessary

documents prior receiving the exemption certificate from the territorial military staffing centres.

Once the required documents are obtained, they can receive the note / certificate that grants them

exclusion or exemption from drafting.

Persons leaving Ukraine for a period longer than three months are obliged to receive a note from

the relevant offices that indicates exclusion from mobilisation.

There are amendments allowing pilots navy officers to cross the borders.

Measures taken to prevent falsification of documents:

15. The documentation that grant permission to leave Ukraine is collected from many different

services for the specific cases. In cases related to disabilities or having three or more children the

National Social Services are responsible. . It can also include the Ministry of Health when there are

people who have severe health issues. This can include people who need emergency treatment

outside Ukraine. The Ministry of Infrastructure or the Ministry of Foreign Affairs can also provide

documentation.

16. The scope of documentation is quite comprehensive. It is not possible for the border guards to

verify all documents, forms, stamps and marks. In response, the digital database, DIIA, is enacted.

This software with the purpose of crosschecking documents integrates and merges all national

registers and databases. In the database, there is a register of all the relevant documents.

Furthermore, the system enables SBGS to verify documents presented at the borders by checking

whether the documentation has been issued.

17. The verification of military documents is also carried out through a database, which is based on a

cooperation between the SBGS and the Armed Forces of Ukraine. This system is based on a

cooperation between the Ministry of Defence and the SBGS. However, the database is not

uniformed and not comprehensive enough to identify all issued documents. SBGS estimates that

only 80 % of the documentation can be crosschecked within the system. The remaining verification

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procedures are in the hands of the border guards. For instance, the border guards are in close

contact with the military staffing centres from whom they can verify information regarding

issuances of documents.

18. The SBGS runs a pilot project with Estonia that involves the presence of Ukrainian border guards at

the border crossing point to Estonia to check who cross the from the Russian Federation,

particularly. There are plans to expand the pilot project to Latvia and Lithuania. In addition, SBGS

expects to enter into a cooperation with Frontex with aim of having Ukrainian border guards at the

main airports in Europe to detect evaders and deserters.

Prevalence and types of falsification

19. There were many cases of falsification of documents for men between 18 to 60 years old. For

instance, there are examples of falsification of child certificates produced with laser printing. In that

sense, the perpetrators can claim to have more children in order to meet the requirement of

having three or more children to be excluded from military service.

20. Furthermore, there were instances of persons claiming that they had lost their stamp that grant

them exclusion of military service/mobilisation. For instance, this was prevalent among some of the

men who came from the occupied territories

21. SBGS also highlighted the prevalence of falsified documentation related to disability. This regards

the medical statement indicating the category of disability of a certain person, because there is a

threshold of categories that excludes people from military service and thereby giving them right to

leave the country. On 1 November 2022, it was decided to facilitate an improved version of ID and

stamps regarding documentation of persons who are truly categorised in the disability group.

22. At the start of the war, it was initially decided to allow students, who started their studies abroad

before the invasion, to continue their studies. This led to an increase in falsified admission

documents, certifying enrolment in educational institutions outside Ukraine. Based on

investigations, foreign educational institutions disproved enrolment of a number of Ukrainian

persons. As result, the lawful permission of students to exit Ukraine was revoked.

23. In light of the scale of falsifications, the SBGS was integrated with registers and databases, including

the special software program DIIA/DIYA, in which documentation is stored digitally. . It is possible

for the SBGS to send any request to the system about any kind of document and receive a reply

within two-three seconds.

24. According to the SBGS, the amount of falsifications decreased significantly after the enactment of

and integration in the databases. Moreover, the perpetrators of falsification have become

conscious about the comprehensive verification processes of documents, and consequently the

demand to procure false documents has decreased significantly.

25. When asked, the SBGS replied that the

ost p e ale t ases of falsifi atio elate to hild e s

birth certificates and disability status.

26. According to SBGS, it is difficult to determine if some border crossing points are subject to more

cases of falsified documents than other border crossing points. Border crossings with high capacity

are subsequently subject to more fraud. For instance, the biggest border crossing point to Poland

that can process 100,000 persons per day have therefore more cases of fraud with documents

compared to a smaller border crossing point in Odesa Region that only deals with 1000 persons per

day.

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27. The scale of detected falsified documents has dropped significantly. In the period from April to

June, there were 40-45 cases of falsified documents a day. At the end of 2022, there are identified

only 3-4 cases of fraud per day.

Punishment for evasion and desertion

28. Regarding punishment for evasion and desertion of military service, there are two separate types

of offenses in the legislation. The first is called

civilian-military crime,

which refers to a person who

is not employed yet by the military. The second type of offenses is the so-called

military crime,

which refers to a person who is already employed by the military and is committing a crime during

service.

29. The civilian-military offenses are penalized according to article 336 of the Criminal Code of Ukraine,

which regards evasion of military service. This is punishable with imprisonment for a term of 3-5

years.

30. The military offenses are penalized according to articles 407 and 408 of the Criminal Code of

Ukraine. Article 407 regards absence without leave from a military unit or place of service. Article

408 relates to desertion, which is when a person leaves the military unit or place of service in order

to evade military service.

31. When a person, who is serving in the military, leaves his unit or place of service under the

conditions of martial law or in a battle conditions the punishment is 5-12 years in prison. When a

person leaves his unit or place of service during peacetime, the punishment is imprisonment for 2-5

years.

32. The responsible department for handling military crimes is the Military Law and Order Service of

the Ministry of Defence. The service is the Ukrainian military police. It keeps the records of data on

cases of military evaders and deserters, but it does not conduct investigation. The body that is

responsible for the investigation and persecution is the State Bureau for Investigation.

33. A person can only be convicted of evasion or desertion of military service by a decision made by the

court. Those convicted for desertion or evasion can serve in a special detention facility for the

military for up to six months. Thereafter, they will be serve their prison sentence in a general

civilian prison facility.

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The National Agency on Corruption Prevention (NACP)

Online meeting, 24 March 2023

Introduction

1. The National Agency on Corruption Prevention (NACP) is a central executive body with a special

status. It is responsible for the development of anti-corruption policy and prevention of corruption.

It was established in accordance with the Law of Ukraine on the Prevention of Corruption

378

from

2014.

2. The NACP has, among many tasks, the responsibility for analysing the situation regarding

corruption in Ukraine and develop relevant anti-corruption strategies and programs for its

implementation. Furthermore, it monitors compliance with the rules and legislation, coordinates

and supports state and local bodies with identifying and eliminating corruption risks and

implementing anti-corruption measures in these bodies etc.

3. NACP is not a law enforcement agency, which is why it does not conduct its own investigation and

prosecution. However, it has a mandate to conduct inspections of state and local bodies.

Background

4. From the beginning of the full-scale invasion, the restriction of the right of conscripted men to cross

the state border caused a significant public outcry and was accompanied by numerous scandals.

Therefore, the NACP, as an authorized body, carried out a thorough analysis of border crossing

processes, identified a number of schemes and corruption risks, shortcomings and gaps in

legislative regulation and proposed solutions for the elimination of corruption risks.

I O to e

, the NACP pu lished the epo t

Corruption schemes and risks related to leaving

the country during martial law

379

, which describes a list of eight identified illegal ways (schemes)

of "circumventing" the ban on exiting Ukraine by men liable for military service under martial law

since 24 February 2022. Some of the schemes regard corruption risks, while others are a result of

illegal actions or significant shortcomings in the system that controls the state border crossing.

Impact of the report

6. After the publication of the report in October 2022, the NACP initiated the formulation of an action

plan with nine government bodies, which comprised of a list of measures to prevent the schemes

and corruption risks. Furthermore, the NACP mentioned that a draft report had been presented to

the Temporary Investigative Committee in the Verkhovna Rada. In the report, it is mentioned that

approx. 11 % or more than 9,000 people, who crossed the border through the Shliakh system, did

not return to Ukraine. The report further showed that many of the people who abused the Shliakh

system to cross the border, originated from the western Ukraine.

7. The number of people trying to cross the border illegally has decreased after the report was

published, which indicated that the recommendations of the report had an impact on the relevant

Uk ai e, З ко�½ Ук �½ П о по

�½�½ ко уп [La of Uk ai e o the P e e tio of Co uptio ],

latest

amendments 13 December 2022),

https://zakon.rada.gov.ua/laws/show/1700-18#Text

379

Ukraine, National Agency on Corruption Prevention,

Corruption schemes and risks related to leaving the country

during martial law,

October 2022,

378

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10.

11.

autho ities a to ou te the isuse of o de egulatio s. The NACP highlighted that so e

measures have been implemented to prevent the risks.

The Ministry of Infrastructure and UkrTransBezpeka (The State Service of Ukraine for Transport

Safety) made updates and improvements with regard to the Shliakh system.

The State Border Guard Service (SBGS) has received online access to some enlistment documents

from the military recruitment offices.

Furthermore, NACP is repeatedly urging every relevant state body to minimise the corruption risks

and eliminate any ambiguity to support the border guards in standardising the travel ban

procedures.

Nevertheless, there are still people who are trying to cross the border without the legal grounds.

Especially, the mountain areas at the border to Romania is exposed to illegal border crossing

attempts outside the official border crossing points (BCPs) However, the situation has become

more stable compared to the situation before the autumn of 2022.

Legislative shortcomings

12. According to the overall assessment of the NACP, the first month after the full-scale invasion was

characterised by multiple exceptions enabling people to cross the border. Furthermore, it was not

clear, which documentation was required under each article in Resolution no. 57

380

for obtaining

permission from the SBGS to cross the state border.

13. The opacities resulted in several misinterpretations and arbitrary decisions by the border guards.

For instance, in the first period after 24 February 2022, there were several cases of people, who,

according to the law, were allowed to cross the border but were rejected by the border guards.

There were also cases of people who could not cross the border legally but, nonetheless, were

granted permission to cross the border by the border guards anyways. This was, for instance, the

case with students, who, according to the law, were deferred from military service, but because of

the temporality of their deferral, they were not allowed to leave the country during martial law.

14. The NACP highlighted that the introduction of new amendments and exceptions almost on a daily

basis was one of the main problems pertaining to the border control, since the authorities had to

first monitor and thereafter implement the standard rules and procedures. This made it difficult for

the SBGS to comply with the regulations and standardise decisions at across every BCP. This could

also be part of the explanation as to why the interpretations and decisions of the SBGS were

changing over time. Currently, not all issues are settled and contained in the explanations.

15. Even the NACP, who normally analyse how amendments could influence future border crossings,

was not always informed about the new amendments. This was a problem, since the NACP is the

only official body to analyse corruption risks in the process.

Uk ai e, К �½ет М �½ т Ук �½ ,

П о т е д е

л пе ет

де

о о ко до у

о д

Ук

, По т �½о

ч�½

. № [Rules

for crossing the state border by citizens of

Ukraine

as approved by Resolution No. 57 of the Cabinet of Ministers of Ukraine dated January 27, 1995], latest

update 10 February 2023,

url

380

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16. Many of the amendments created risks of corruption. Even though the amendments were needed

in the present situation, they created loopholes for people with the intention to exit the country,

whether it was for avoiding the mobilisation or for taking a vacation abroad.

17. The NACP highlighted the amendments to the rules regarding cultural activities. The overall

assessment was that it was not clear to whom and for what kind of activities these amendments

applied. This created situations where people could misuse the rules and leave the country on a

false pretence.

18.

Si ila l , the NACP oted that the te i olog ega di g athletes ight to oss the o de e e

also foggy. The NACP has been presented to reports that describe how some people, who formally

had a supportive role for a sports team, were crossing the border and did not return to Ukraine

together with the team.

19. The same applies to people who are accompanying someone for treatment abroad. According to

the NACP, there have been issues with those people who were supposed to accompany sick or

disabled people for treatment. There have been cases where people have abused the rules that

allow people to accompany other people for treatment abroad, but in reality used the permission

to exit Ukraine and not return.

20. Furthermore, there have been introduced some provisions to the amendments that give people

with disability the right to cross the border. The NACP conducted a separate study about the

medical and social sector with the conclusion that corruption prevailed with the result that people

could corruptly obtain medical certificates stating a disability status.

Corruption

21. In general, there has been a lot of media attention in Ukraine on falsified documents. The NACP

noted that some NGOs were often involved in the process. In several cases, journalists have

revealed that many members of the parliament, high-profile officials or children of politicians have

left Ukraine circumventing the rules for crossing the border using some NGOs to obtain false

documents.

22. The NACP had seen reports of many influential and wealthy people who were carrying large

amounts of undeclared money while crossing the border. The NACP knew of some specific BCPs

where the border guards deliberately ignored the transportation of cash and other valuables.

23. The NACP noted that it is difficult to assess whether the allowing of wealthy people and high profile

officials on false pretence was a sign of systemic corruption in the SBGS or whether it was the acts

of individual border guards. However, according to the NACP the permission of allowing certain

profiles to cross the border could not be based on an individual decision, but based on a decision of

a superior officer who ordered them to pass. There are no official indicators on specific corrupt

BCPs, however, the NACP was aware of the existence of forums on social media where people

discussed, which BCPs were easier to cross, which were difficult, which were or were not corrupt

etc.

24. The border guards have low salaries and consequently they might be prone to the temptation of

corruption. There have been several cases of corruption in the SBGS.

25. The majority of illegal border crossing cases are a result of corruption. The NACP noted though that

corruption is less widespread within the SBGS and the BCPs compared to other sectors. In reality, a

person would have to pay more money to a border guard than to a doctor in a medical commission.

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The doctor could then issue an official paper confirming a disability or medical need status. Such a

document would cost up to 1,000 US dollars depending on the region and it would be noted in the

official records. According to the NACP, this type of corruption is more widespread compared to,

for instance, the prevalence of falsified birth certificates (in order to confirm three or more

children) or documents stating the need for treatment abroad.

26. Of other state officials where corruption was prevalent, the NACP mentioned regional military

administrations as well as officials from the Ministry of Infrastructure.

Shliakh

27. The Ukrainian Ministry of Infrastructure and the UkrTransBezpeka administer the system

Shliakh

(the path), which was highlighted as one of the most prevalent corruption schemes since 24

February 2022 in the NACP report from October 2022. The NACP still concluded in April 2022 that

the system had a high risk of abuse.

28. According to the NACP, charity organisations have especially been the centre of abuse and

constitute the most serious risk of corruption. Since many charity organisations bring humanitarian

aid to the country, they are transmitting lists of drivers through the Shliakh system. This will

provide the drivers with a permission to leave the country for 30 days to bring the aid.

29. However, the NACP noted that it was clear that some charity organisations received money for

designating people as drivers, because in many cases the permissions were given to men who

definitely were not drivers.

30.

As a e a ple, the NACP e tio ed that a fo e top offi ial f o o e of the ou t s egio s

crossed the border as a humanitarian driver and no officials paid attention to this.

31. The NACP stated that the system is flawed and there are no clear mechanisms in place on how to

detect the abuse of charity organisations. Furthermore, there are no centralised databases on the

organisations delivering humanitarian aid. In reality, these organisations can register any person as

d i e , a d as a esult, a pe so s a e egiste ed i the s ste , e e ithout a d i e s li e se.

32. The Ministry of Infrastructure and the UkrTransBezpeka have been hiring new people to administer

the Shliakh system. On social medias, the officials are announcing new amendments to the system.

Furthermore, there is a new tendency to report corruption cases, which, according to the NACP,

indicates that action are taken to fight corruption. However, the NACP noted that the necessary

documents needed for the implementations of the improvements have not yet been approved in

the Cabinet of Ministers.

33. However, on an overall level, the relevant authorities have expressed that they are thinking about

improving the situation regarding the Shliakh system.

Anti-corruption measures

34. The NACP highlighted that most Ukrainian government authorities have their own anti-corruption

programs, which consist of different kind of measures to fight corruption within their organisation.

35. The NACP emphasised that in several state bodies, including the SBGS, there have been reports of a

number of lay-offs. For instance, when civil activists have reported corruption incidents in the

SBGS, many people from the SBGS administration were dismissed.

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36. The NACP is constantly conducting training for authorised persons in those government bodies. The

trainings include the drafting anti-corruption programs, implementation of anti-corruption

measures, assistance in setting up channels for whistle-blowers, prevention of conflict of interests,

etc.

37.

Fu the o e, othe go e

e t autho ities attitudes a d eha iou to a ds the NACP a e

normally fine. The NACP stated that they only experience obstacles when their research concerns

security or classified concerns. It is the priority of the president and the government that the

country takes comprehensive measures against corruption and without obstacles.

38. However, the NACP is not a law enforcement agency, but an advisory organisation that formulates

anti-corruption policy based on analysis and monitoring. The NACP stated that it makes an effort

within their mandate and authority to promote changes in the government agencies. The

publication of the report from October is one way; another way is to urge the other authorities to

improve the situation.

39. For instance, regarding the problems with the Shliakh system, the NACP would like to have better

developed anti-corruption measures covering the Ministry of Infrastructure who administer the

system and the local self-government bodies who are working with the organisations who are using

the Shliakh system, among others the charity organisations.

40. The NACP emphasised that the resources of the SBGS were insufficient in regards to verification of

all documentation. This especially applied to documents confirming a disability status. NACP

recommended that the SBGS should obtain access to the necessary registries verifying a disability.

41. In general, people approaching the BCPs are often presenting a large pile of documents. The border

guards are then verifying the seals, stamps and signatures. According to the NACP, this process

contributes to a corruption risk in form of falsification of documents, because if the document are

official documents that are corruptly issued, it is very hard to detect.

42. Furthermore, Ukraine is the largest country in Europe and has a vast border to control. Therefore,

the NACP urgently recommended that the SBGS received access to digital systems, enabling them

to use simple identifiers such as passport-, personal or tax code number. The information should

then be interconnected between different automatic systems, making it easier for the border

gua ds to e if a pe so s legal g ou ds to oss the o de .

43. However, the SBGS has received improved access to military records, but, according to the

knowledge of NACP, not all military documents have been digitalised yet.

44.

I the SBGS s ste , it is possi le to he k hethe a pe so

ossed the o de at a offi ial BCP.

This means that if a person crossed the border illegally outside an official BCP and then returned, it

would appear on the screen of the border guards.

Illegal border crossing

–

crossing the border outside the official BCPs

45. There has been cases of illegal border crossings outside the official BCPs, especially in the south-

western part of Ukraine with the border to Romania and Moldova. The NACP could not rule out the

presence of organised criminal network in the activities concerning illegal border crossing outside

the official BCPs. However, the NACP also highlighted other factors behind the illegal border

crossings.

46. First, the geographical area in the south-west border regions mostly consists of mountains and

rivers and it is probably perceived easier to move around undetected in these areas. However, this

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is often not the case. There are sophisticated surveillance systems in place and the border guards

usually detect many attempts in those areas.

47. Second, the NACP noted that the people, who try to cross the border illegally, are normally people

of low income who pay a small amount of money in exchange for assistance to cross the border.

They may not have the money to pay corrupt officials for issuing a necessary document or are not

aware of the opportunity.

48. Third, according to the NACP, it most often happens that people are paying someone through

acquaintances to help them cross the border. In many cases, people end up being deceived even

though they paid for the service.

49. Finally, the NACP could not exclude that at some BCPs there were senior SBGS leaders who have

been working there for many years and who might have used corruption as an alternative payment

and thereby allowing people to cross regardless of the official rules. However, the NACP could not

point out certain BCPs that could be problematic in this regard.

Documents

50. The specified table in the report detailing required documents was formed on the basis of the

resolution of the Cabinet of Ministers of Ukraine dated 27.01.1995 No. 57, with subsequent

changes, as well as on the basis of clarifications from the state border service. Information

regarding the list of documents may change, and it is necessary to follow the updates in the above

resolution.

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Annex 2: Translation of NACP report

381

Corruption Schemes and risks related to leaving the country during martial law

INTRODUCTION

The large-scale, unprovoked aggression of the Russian Federation against Ukraine, which began on

February 24, 2022, has arisen the need for the immediate full mobilization of defence resources to repel

the aggressor. The question arose of the expediency of restricting the possibility of leaving the territory of

Ukraine by citizens of Ukraine who are subject to military service during mobilization or who may be

involved in socially useful work under martial law. The response of the state authorities to the challenges

was immediate: On February 24, 2022, martial law was introduced throughout Ukraine and full

mobilization was announced. Moreover, for the first time in the history of independent Ukraine, the order

of the Administration of the State Border Guard Service of Ukraine (State Border Guard Service), set forth in

an unpublished letter, introduced a large-scale and unprecedented restriction of one of the fundamental

constitutional human rights

–

the right of all men aged 18 to 60 to freely leave the territory of Ukraine. At

the same time, the absolute ban on men leaving Ukraine could not last. The economic, political,

humanitarian and social problems faced by Ukraine as a result of the hostilities and threats to national

security required immediate response and cooperation with foreign partners, including those outside the

territory of Ukraine. In addition, the processes of Ukraine's integration into the international environment,

cross-border cooperation and ties at various levels and in various spheres of society could not be stopped

simultaneously without significant damage to the state. All of these processes required the possibility of

traveling abroad for a certain category of men aged 18 to 60, and thus prompted the government to

introduce exceptions to the general ban. The first adjustments took place the next day after the ban was

announced

–

on February 25, 2022

–

and launched the process of continuously expanding the grounds for

allowing men with military service to travel outside Ukraine. This process is actively ongoing.

At the same time, the National Agency, as the body authorized to implement the state policy on preventing

corruption, notes that any restriction of a fundamental (natural) human right does not eliminate the need

to exercise such a right, so it inevitably gives rise to a search for ways to circumvent the restriction, which

are mostly implemented illegally and through corrupt practices. Due to the significant public outcry caused

by this topic, numerous publications in open sources and social media about illegal schemes that are

s ste ati all i ple e ted to get a ou d the a a d ha e g o i to a shado usi ess , a d gi e

the constant initiatives of state authorities to expand the grounds and the results of their anti-corruption

expertise, the National Agency analysed corruption and other risks that arose in connection with the

introduction of the ban and exist in the process of traveling abroad for men liable for military service.

GENERALIZED CONCLUSIONS

The analysis of the provisions of legal acts and official documents available to the National Agency leads to

the conclusion that the legislation has no direct or indirect ban on men to travel abroad established.

Ukraine, National Agency on Corruption Prevention,

Ко уп

е т

пд

ду Ук

у о

оє о о т у

[Corruption schemes and risks related to leaving the country

during martial law],

October 2022,

https://nazk.gov.ua/wp-content/uploads/2022/10/Koruptsiy-

ni_shemy_ta_ryzyky_pid_chas_vyi-zdu_z_Ukrai-ny_v_umovah.pdf

381

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Officials of the State Border Guard Service, when deciding on the ban of travel outside Ukraine by men

liable for military service aged 18 to 60, were and continue to be guided by information from the only

source:

1) in the period from February 24, 2022 to April 1, 2022

–

letters from the Administration of the State

Border Guard Service and information messages posted on the official websites of the Cabinet of Ministers

of Ukraine and the State Border Guard Service;

2) in the period from April 1, 2022 to the present

–

the Rules for Crossing the State Border by Citizens of

Ukraine as approved by Resolution of the Cabinet of Ministers of Ukraine No. 57 dated January 27, 1995

(Rules No. 57), which provide for the right of persons liable for military service to cross the state border of

Ukraine only on certain documented grounds, letters and information messages of the Administration of

the State Border Guard Service.

Exceptions to the restrictions on the right to travel abroad are primarily provided for by Rules No. 572, but

also by letters and information messages of the State Border Guard Service Administration posted on

official websites. At the same time, there are reasonable grounds to believe that the restriction of the right

of men liable for military service to travel outside Ukraine during the period of martial law was introduced

and implemented in a manner contrary to the Constitution of Ukraine and the laws of Ukraine. Thus, in

accordance with Articles 33 and 64 of the Constitution of Ukraine, the right of a citizen to freely leave the

territory of Ukraine may be restricted only by the law of Ukraine, and in the conditions of martial law, in

a o da e ith A ti les , , , of the La of Uk ai e O the Legal Regi e of Ma tial La –

by a decree

of the President of Ukraine on the introduction of martial law approved by the Verkhovna Rada of Ukraine.

However, despite the well-established belief that the source of the current restriction is the Decree of the

P eside t of Uk ai e No. /

O the I t odu tio of Ma tial La i Uk ai e dated Fe ua

this Decree does not establish (does not state) restrictions on the constitutional rights and freedoms of

man and citizen, but only allows for such a possibility in the future, reproducing verbatim the relevant

provisions of the Constitution of Ukraine. There are also no restrictions on the right to travel outside of

Uk ai e eithe i the De ee of the P eside t of Uk ai e No. /

O Ge e al Mo ilizatio dated

February 24, 2022 as approved by the Law of Ukraine No. 2105-IX

O App o al of the De ee of the

P eside t of Uk ai e O Ge e al Mo ilizatio dated Ma h ,

, o i the La of Uk ai e O

Mo ilizatio P epa atio a d Mo ilizatio , o i the La of Uk ai e O the Legal Regi e of Ma tial La ,

or in any other law of Ukraine. It is a mistake to assume that the State Border Guard Service (or the Cabinet

of Ministers of Ukraine, the Ministry of Defence of Ukraine, other military command bodies) is authorized

to restrict the rights provided for in Article 33 of the Constitution of Ukraine, delegated (granted) on the

basis of the Decree

of the P eside t of Uk ai e No. /

O the I t odu tio of Ma tial La i

Uk ai e dated Fe ua

. I tu , it a e o fide tl stated that the i posed est i tio has led

to:

• the de elop e t of illegal a d se i-legal

schemes for men

to lea e Uk ai e

getti g a ou d the

restriction in order to avoid mobilization and in other private interests, for example, as drivers of

humanitarian cargo or drivers carrying out international passenger transportation through the Shliakh

system, or on the basis of forged documents with information on the removal of persons liable for military

service from the military register;

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• the e e ge e of at least o uptio isks highl likel to e i ple e ted, hi h a e elated to

obtaining undue benefits for making decisions, performing actions or processing documents for traveling

abroad, and are inherent in the activities of a wide range of entities, in particular, the State Border Guard

Service, territorial centres for recruitment and social support, military medical commissions, disability

determination services, regional military administrations, public authorities, in particular State Service of

Ukraine for Transport Safety, charitable foundations and public organizations.

The sources of corruption risks attention should be paid to include the following:

• sho t o i gs i the egulato f a e o k, hi h, i pa ti ula , allo

even without a driver's license;

e to t a el a oad as d i e s

• poo ualit of legal egulatio of e tai p o edu es fo

men to travel abroad, which, on the one hand,

reduces certain procedures to purely formal ones

–

as in the case of permission for drivers to travel outside

Ukraine

–

and, on the other hand, provides public authorities with broad discretion to interpret the law at

their own discretion;

• o side a le dis etio i the po e s of offi ials ho ake de isio s o pa ti ipate i the p o esses of

crossing the state border by men liable for military service

–

this reason, in particular, allows for corruption

schemes involving regional military administrations that make decisions on the departure of drivers of

humanitarian cargo or cargo for the needs of the Armed Forces of Ukraine abroad;

• la k of t a spa e

i de isio

-making related to the realization of human and civil rights, which is

evident in the decisions of the State Border Guard Service officials and explanations issued by the

Administration of the State Border Guard Service;

• la k of p ope o t ol o e o plia e ith the o ditio s of t a el a oad

by men liable for military

service, in particular by officials of the State Border Guard Service, and lack of interaction (exchange of

information) between state bodies. For example, according to the State Border Guard Service, as of

September 10, 2022, since the beginning of martial law, more than 8 thousand men liable for military

service have attempted to illegally cross the state border. More than 5.6 thousand of these offenders were

stopped by border guards outside checkpoints. The rest tried to cheat at passport control.

About 245 attempts to bribe border guards were recorded, during which border guards refused from illegal

benefits totalling more than UAH 3.8 million. In addition, based on the materials of the State Border Guard

Service operational and investigative units, more than 170 criminal proceedings were initiated for illegal

transportation of persons across the state border of Ukraine (Article 332 of the Criminal Code of Ukraine),

almost 470 proceedings for forgery and use of forged documents (Article 358 of the Criminal Code of

Ukraine), and 10 proceedings for draft evasion (Article 336 of the Criminal Code of Ukraine). More than 400

people have already been notified of being suspected of committing these crimes. At the strategic level, the

restriction of the right of men liable for military service to travel outside Ukraine and the implementation of

exceptions to this rule leads to the following negative consequences

–

violation of basic human rights;

• legal i e ualit , he the la is ot

applied equally;

• iolatio of the p i iple of legal e tai t i legislatio ;

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• idesp ead use of

outside Ukraine;

a uall ha dli g of tools a d o uptio i legal elatio s elated to t a eli g

• a i ease i the u e of ad i ist ati e a d iminal

offenses related to attempts to cross the state

border, evasion of mobilization and military duty;

• disto tio of the pu pose fo

METHODOLOGY

In the course of the analysis, the National Agency has:

• esto ed the h o olog of the a ;

•

analysed the sources of law that established the ban and introduced exceptions to the ban;

• se t o e tha

e uests to e t al e e uti e autho ities a d egio al ilita ad i ist atio s,

analysed their responses and hundreds of documents documenting the circumstances of travel abroad for

various reasons by men liable for military service during the ban;

• i te ie ed offi ials of the State Bo de Gua d Se i e a d the Mi ist

•

analysed

data f o

•

o ito ed i fo

the Shliakh a d A ka

atio f o

i fo

atio s ste s;

els;

of I f ast u tu e of Uk ai e;

hi h the est i tio of the ight as i t odu ed

ope sou es a d Teleg a

•

analysed the court practice of resolving disputes over decisions of state border control authorities to

refuse to cross the state border of Ukraine to travel abroad. This analytical report consists of three parts:

the first part contains a legal analysis of the restrictions on the right of men liable for military service to

travel abroad, which, among other things, describes in chronological order how the restrictions and

e eptio s to the

e e i ple e ted, a d the se o d pa t des i es s he es fo getti g a ou d this

restriction and corruption risks that exist in the procedures for crossing the state border by men liable for

military service. The third part summarizes recommendations of the National Agency.

[..]

І. LEGAL ANALYSIS OF THE RESTRICTION OF THE RIGHT OF MEN LIABLE FOR MILITARY SERVICE

TO TRAVEL OUTSIDE OF UKRAINE UNDER THE LEGAL REGIME OF MARTIAL LAW

The principles of the introduction of martial law and temporary restriction of constitutional rights and

freedoms of a person and a citizen in connection with its introduction are determined by the Constitution

of Uk ai e a d the La of Uk ai e O the Legal Regi e of Ma tial La . The p o isio s of A ti les ,

of the Co stitutio of Uk ai e, lause , Pa t , A ti le , Pa t , A ti le of the La of Uk ai e O the

Legal Regi e of Ma tial La stipulate that i ase of a tial la , o stitutio al ights a d f eedo

s of a

person and a citizen may be temporarily restricted exclusively by a decree of the President of Ukraine on

the introduction of martial law, which is subject to approval by the Verkhovna Rada of Ukraine and comes

into force simultaneously with the entry into force of the law approving such a decree. The National Agency

analysed in chronological order how, from the first day of hostilities until now, the restriction on the right

of men liable for military service aged 18 to 60 to travel outside Ukraine and exceptions to this restriction

were regulated, and found that the principles set out in the Constitution of Ukraine and the laws of Ukraine

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were not observed. Although the state authorities have been looking for ways to improve the legal

regulation of this issue for almost six months, it should be noted that no law of Ukraine currently restricts

the right of men to travel outside Ukraine during martial law. During the period of martial law, all possible

grounds for allowing male citizens of Ukraine aged 18 to 60 to cross the state border are provided for in

para. 21-2 12 of the Rules No. 57. In simple terms, the persons who may be allowed to cross the border is

limited only to the following:

- persons with disabilities and persons accompanying them;

- persons accompanying children with serious illnesses and orphans;

- persons liable for military service who are not subject to call-up for military service during mobilization;

- wounded members of the defense and security forces who travel abroad for treatment and their family

members;

- drivers of humanitarian, medical cargo, cargo for the needs of the Armed Forces of Ukraine;

- drivers of carriers licensed to carry out international freight and passenger transportation;

- employees of railway transport enterprises;

- athletes and persons providing organizational support for sports events;

- sailors; - aviation personnel.

Departure is subject to compliance with the established procedures and provision of supporting

documents.

At the same time, since the decision to restrict the right of men to travel abroad for the period of martial

law was made in a state of urgency to meet the urgent needs for mobilization and defense of Ukrainian

statehood, it is obvious that when introducing the restriction, not all aspects of state policy and public life

were weighed, and not all the adverse consequences of the restriction on international, foreign economic,

humanitarian, cultural, etc. legal relations were calculated. Although the gradual decisions of the Cabinet of

Ministers of Ukraine to expand the circle of persons allowed to leave Ukraine to some extent eliminate

such consequences, it is not yet possible to state that the existing problems and gaps in regulatory

regulation have been completely resolved. In order to maintain a balance between the needs of the state

for military force and the needs of the state, society, and individuals in all other equally important areas of

legal relations that require men of military age to stay and operate outside Ukraine, the State Border Guard

Service was forced by emergency to make the only possible administrative decision under the current

circumstances: to allow individual men to travel abroad in cases not provided for by law, by decision of the

Head of the State Border Guard Service.

The reasons for men liable for military service to travel abroad in this way vary: service-related reasons

(participation in international events, international cooperation, driving a vehicle used by government

officials);

film premieres, concerts, telethons, and other cultural events in the European Union); personal reasons

(personal treatment, care for a relative in hospital, internships, participation in international events), etc.

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business activities (execution of foreign economic contracts, negotiations); humanitarian reasons

(fundraising, humanitarian aid for the needs of the Armed Forces of Ukraine); cultural reasons

(participation in music and film festivals),

1. Timeline of the adoption of the main documents on the basis of which the State Border Guard

Service officials decide to refuse to allow men aged 18 to 60 to cross the state border



February 24, 2022

Due to the invasion of Ukraine by the Russian Federation, the President of Ukraine adopted two decrees: 1)

No. /

O the I t odu tio of Ma tial La i Uk ai e dated Fe ua

, hi h i t odu ed

martial law throughout Ukraine. The Decree was approved by the Law of Ukraine No. 2102-IX

O App o

of the De ee of the P eside t of Uk ai e O the I t odu tio of Ma tial La i Uk ai e dated Fe ua

24, 2022 and entered into force on February 24, 2022. Clause 3 of this Decree establishes that in

connection with the introduction of martial law in Ukraine temporarily, during the period of legal regime of

martial law, the constitutional rights and freedoms of the individual and the citizen, provided for in Articles

30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine, may be restricted, as well as temporary restrictions

may be introduced on the rights and legitimate interests of legal entities within the limits and extent

necessary to ensure the possibility of introducing and implementing legal measures of martial law, which

are provided for in Part 1, Article

of the La of Uk ai e O the Legal Regi e of Ma tial La . A o g the

rights that may be restricted is the right to leave the territory of Ukraine, established by Article 33 of the

Co stitutio of Uk ai e; No. /

O Ge e al Mo ilizatio dated Fe ua

, hi h

announced general mobilization in all regions of Ukraine and the city of Kyiv. It was decided to conscript

persons liable for military service and reservists in the amounts determined in accordance with

mobilization plans. Referring to the Decree of the President of Ukraine dated February 24, 2022 No.

O the I t odu tio of Ma tial La i Uk ai e , the Head of the State Bo de Gua d Se i e at

08:38 pm sent a letter to all bodies of the State Border Guard Service No. 23-6122/0/6-22-V

kh O the

De ee of the P eside t of Uk ai e , hi h, i the a se e of legall defi ed g ou ds, o de ed to a the

departure of Ukrainian male citizens aged 18 to 60 from Ukraine for the period of martial law regime. This

letter is the first official document that: 1) peremptorily stated and thereby established a ban on traveling

outside Ukraine; 2) specified this ban by gender and age, extending it exclusively to men aged 18 to 60. At

11:33 pm on February 24, 2022, on the official website of the Cabinet of Ministers of Ukraine, the

Administration of the State Border Guard Service announced a temporary restriction on the departure from

Ukraine for a certain category of citizens, in particular, a ban on the departure from Ukraine of male

citizens of Ukraine aged 18 to 60 for the period of martial law.



February 25, 2022

In a letter dated February 25, 2022 No. 23-6081/0/6-22-Vykh addressed to the bodies of the State Border

Guard Service, the Head of the State Border Guard Service, in addition to the letter dated February 24,

2022 No. 23-6122/0/6-22-Vykh, defined the first exceptions to the ban and clarified that the ban on the

departure from Ukraine of male citizens of Ukraine aged 18 to 60 does not apply to persons specified in

Article

of the La of Uk ai e O Mo ilizatio P epa atio a d Mo ilizatio , i pa ti ula to

categories of persons

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1) those who have a certificate of deferment from conscription and a notice of enrolment in a special

military registration

2) those who have a conclusion of the military medical commission on their unfitness;

3) those who maintain three or more children under the age of 18;

4) those who independently raise a child (children) under the age of 18;

5) those who maintain a child with a disability under the age of 18 or an adult child who is a person with a

group I or II disability until he or she reaches the age of 23;

6) adoptive parents, guardians, foster parents, custodians who maintain orphans or children deprived of

parental care under the age of 18;

7) those engaged in full-time care of persons in need, in the absence of other persons who can provide such

care;

8) whose close relatives (husband, wife, son, daughter, father, mother, grandfather, grandmother or sibling

(full or half-sibling) were killed or went missing during the anti-terrorist operation.



March 7, 2022

The Ca i et of Mi iste s of Uk ai e adopted Resolutio No.

dated Ma h ,

O A e d e ts to

Resolution of the Cabinet of Ministers of Ukraine dated March 3, 2022 No. 19

. Resolutio of the Ca i et

of Mi iste s of Uk ai e No.

dated Ma h ,

So e Issues of Rese atio of Pe so s Lia le fo

Milita Se i e u de the Legal Regi e of Ma tial La

as supple e ted a e lause , a o di g to

which the Ministry of Infrastructure, regional and Kyiv City Military Administrations are authorized to:

1) make decisions under the legal regime of martial law regarding the reservation of conscript drivers

engaged in transportation for the needs of the Armed Forces of Ukraine, other military formations formed

in accordance with the laws of Ukraine, as well as medical and humanitarian aid cargo, and conscript

employees of railway transport enterprises who ensure the functioning and uninterrupted operation of the

railway;

2) send such decisions to the Administration of the State Border Guard Service for consideration when

citizens of Ukraine leave and enter Ukraine. The Resolution of the Cabinet of Ministers of Ukraine No. 218

dated March 7, 2022 became the first legal act to introduce exceptions to the restriction on the right of

men liable for military service aged 18 to 60 to travel outside Ukraine, as set out in the letters of the State

Border Guard Service



March 12, 2022

The Cabinet of Ministers of Ukraine adopted Resolutio

No.

dated Ma h ,

O A e d e ts

to the Rules fo C ossi g the State Bo de

Citize s of Uk ai e , hi h e e app o ed Resolutio No.

57 of the Cabinet of Ministers of Ukraine dated January 27, 1995. The Rules No. 57 have been

supplemented with provisions that, under martial law, grant the right to cross the state border of Ukraine

to persons with group I and II disabilities, persons with disabilities recognized by a court as incapacitated or

limited in capacity, persons with disabilities living/staying in care facilities, and persons accompanying

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them. Requirements for supporting documents are set. It also defines the rules for accompanying children

with disabilities, children with serious illnesses as defined in the Rules No. 57, orphans and children

deprived of parental care under the age of 18 to travel outside Ukraine. Requirements for supporting

documents are set.



March 17, 2022

The Administration of the State Border Guard Service sent a letter dated March 17, 2022 No. 23-6855/0/6-

22-Vykh to the State Border Guard Service. In the letter, the State Border Guard Service reintroduces

novelties in the regulation of restrictions on the right to leave and exceptions to it, namely:

1) the State Border Guard Service has been provided with a centralized explanation of the documents that

can confirm that a person belongs to one of the 9 categories of persons to whom the right to leave is not

restricted;

2) in contrast to the provisions contained in the letter of the Administration of the State Border Guard

Service dated February 25, 2022 No. 23-6081/0/6-22-Vykh, the right to leave for persons who have a

conclusion of the military medical commission on unfitness has been clarified and granted only to persons

who are unfit for military service in wartime;

3) departure is allowed to persons who have moved to other states for permanent residence, which is

confirmed by documents;

4) students of professional higher education, intern assistants, postgraduate students and doctoral

students studying abroad in full-time or dual forms of education (students, auditors) are allowed to leave;

5) persons whose close relatives were killed or went missing during the anti-terrorist operation were

excluded from the list of persons entitled to travel outside Ukraine.



March 29, 2022

The Ca i et of Mi iste s of Uk ai e adopted Resolutio No.

dated Ma h ,

O A e d e ts

to the Rules fo C ossi g the State Bo de

Citize s of Uk ai e due to ha ges i the Rules No. :

1) expanded the range of persons with disabilities, the grounds and procedures for their travel abroad

accompanied by other persons, in particular, persons with disabilities of group III are allowed to travel

abroad accompanied by their spouse (if they have documents confirming family ties and disability);

2) clarified the grounds and procedures for traveling abroad by children suffering from certain diseases

specified in Rules No. 57, orphans, children deprived of parental care under the age of 18, and persons who

may accompany them;

3) the right to cross the state border for all persons liable for military service who are not subject to call-up

for military service during mobilization was regulated by a legal act (new clause 26 was added to the Rules

No. 57).



April 1, 2022

The Ca i et of Mi iste s of Uk ai e adopted Resolutio No.

dated Ap il ,

O A e d e ts to

the Rules fo C ossi g the State Bo de

Citize s of Uk ai e ,

hi h it e ised the p e iousl

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

introduced exceptions to the ban for men to travel outside Ukraine. Thus, the right to travel abroad for

persons with disabilities of group III accompanied by a spouse has been excluded from the Rules No. 57. In

addition, clause 26 of Rules No. 57 excludes from the list of persons liable for military service who are not

subject to call-up for military service during mobilization and have the right to travel outside Ukraine the

persons specified in sub-clauses 2-

, Pa t , A ti le of the La of Uk ai e O Mo ilizatio P epa atio

a d Mo ilizatio , a el :

1) students of vocational pre-university and higher education, intern assistants, graduate students and

doctoral students studying full-time or under dual forms of education;

2) research and teaching staff of higher and professional higher education institutions, scientific institutions

and organizations who have an academic title and/or academic degree, and teaching staff of general

secondary education institutions, provided that they work at least 0.75 of a full-time position at their main

place of work in higher or professional higher education institutions, scientific institutions and

organizations, or general secondary education institutions;

3) women and men whose close relatives (husband, wife, son, daughter, father, mother, grandfather,

grandmother or sibling (full or half) were killed or went missing during the anti-terrorist operation. In

connection with these changes, the right to travel outside Ukraine for all categories of persons liable for

military service who are not subject to call-up for military service during mobilization, and persons with

disabilities of group III accompanied by their spouses, existed only for 1 day

–

on April 1, 2022, when the

Resolution of the Cabinet of Ministers of Ukraine No. 383 dated March 29, 2022 came into force, and until

the Government Resolution No. 399 of April 01, 2022 came into force on April 02, 2022.



April 5, 2022

The Cabinet of Ministers of Ukraine adopted Resolution No. 411 dated April 5, 2011, approving the

Procedure for sending persons from defense and security forces affected by the military aggression of the

Russian Federation against Ukraine for treatment abroad. The Resolution also amended Rules No. 57

–

clause 27 allows such persons and family members who may accompany them to travel outside Ukraine

based on certain documents.



May 20, 2022

The Ca i et of Mi iste s of Uk ai e adopted Resolutio dated Ma

No.

O A e d e ts to

Resolutions of the Cabinet of Ministers of Ukraine dated January 27, 1995 No. 57 and March 3, 2022 No.

The Resolution amended the legal regulation of granting permission to leave Ukraine:

1) drivers engaged in the transportation of medical cargo, humanitarian aid by motor vehicles for the needs

of the Armed Forces, other military formations formed in accordance with the laws of Ukraine and the

population of Ukraine

2) employees of railway transport enterprises who are liable for military service and ensure the functioning

and uninterrupted operation of the railway. Due to the amendments, permission for such persons to travel

outside Ukraine is no longer granted through the reservation procedure for persons liable for military

service, but on the basis of decisions on travel outside Ukraine made by the Ministry of Infrastructure of

Ukraine, regional and Kyiv city state administrations on the basis of certain grounds as provided for in Rules

No. 57. For the drivers of goods referred to in clause 1 above, there is also a requirement to have

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information about their identity in the Shliakh information system, which is administered by State Service

of Ukraine for Transport Safety. In addition, the Resolution supplemented the Rules No. 57 with new

clauses providing for additional exceptions to the restriction on the right of men to travel outside Ukraine

during martial law:

1) clause 29, which introduced a procedure for passing through the state border of Ukraine drivers of

vehicles of business entities licensed to carry out economic activities for the international transportation of

goods and passengers by road and whose information is included in the Shliakh information system

2) clause 211, which defines the grounds for allowing certain categories of athletes and their coaches,

sports judges and other specialists who provide training for athletes and sports competitions on various

issues to cross the state border of Ukraine.



September 2, 2022

The Ca i et of Mi iste s of Uk ai e adopted Resolutio No.

dated Septe e ,

A e d e ts to the Rules fo C ossi g the State Bo de

Citize s of Uk ai e . Rules No.

57 were

supplemented by a new clause 212, which allows male sailors aged 18 to 60 to travel abroad for the period

of martial law if they are going to work on seagoing vessels, inland navigation vessels as part of the crews of

such vessels or to undergo practical training on vessels.

The right to cross the state border is granted to:

1) cadets of educational institutions;

2) persons traveling to work on ships as part of the crews of ships sailing to/from Ukrainian seaports and

who have received the relevant education and qualifications before 24.02.2022, and graduates of

educational institutions who completed their studies during martial law;

3) other persons who are sent to work on seagoing vessels, inland navigation vessels as part of the crews of

such vessels and who received the relevant education and qualifications before February 24, 2022, and

graduates of educational institutions who completed their studies during the period of martial law. Clause

212 of the Rules No. 57 also set out the requirements for supporting documents and the rules for obtaining

some of them



September 10. 2022

The Ca i et of Mi iste s of Uk ai e adopted Resolutio No.

O A e d e ts to the Rules fo

Crossing the State Border by Citizens of Ukraine" dated September 10, 2022.

Rules No. 57 amended the conditions for traveling abroad during martial law for persons with disabilities

and persons accompanying persons with disabilities or persons requiring constant care. The requirements

for documents confirming the right of men to travel abroad have been updated, restrictions on the number

of times they can cross the border have been lifted, and conditions for the timeframe for returning to

Ukraine have been set.



September 27, 2022

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The Cabinet of Ministers of Ukraine adopted Resolutio

No.

dated Septe e

A e d e ts to the Rules fo C ossi g the State Bo de

Citize s of Uk ai e . Fo the pe iod of

law, the Rules No. 57 allow crossing the state border to participate in sports events held abroad:

a tial

1) athletes and coaches who are members of teams of sports clubs of the highest divisions in game sports;

2) persons providing organizational, scientific, methodological and medical support who are included in the

teams of sports clubs of the highest divisions in playing sports;

3) sports judges and referees.

The requirements for supporting documents based on which such persons are allowed to cross the state

border, as well as the period of stay abroad, are defined.



October 4, 2022

The Cabinet of Ministers of Ukrai

e adopted Resolutio No.

dated O to e ,

O A e d e ts

to the Rules fo C ossi g the State Bo de

Citize s of Uk ai e . Rules No.

e e supple e ted a

new clause 213, which allows men aged 18 to 60 who are aviation personnel to travel abroad in case of

martial law. The right to cross the state border is granted to:

1) persons who are aviation personnel and work for a resident aviation entity

2) persons who are aviation personnel and work or intend to be employed by a non-resident aviation

entity

3) state aviation supervision inspectors or persons authorized to conduct inspections of the State Aviation

Service;

e plo ees of the State A iatio E te p ise Uk ai e .

Passage across the state border is permitted if these persons are traveling to work (perform official duties)

abroad or for training. Clause 213 of Rules No. 57 also sets out the requirements for supporting documents

and the period of stay of the above-mentioned persons abroad.

Summarizing the legal regulation of both the ban on men aged 18 to 60 from leaving Ukraine and the

exceptions to this ban, it can be noted that today one of the main regulatory sources on this issue are Rules

No. 57.

Since the introduction of martial law in Ukraine, these Rules have been amended and supplemented 12

times. This process is ongoing: MPs of Ukraine, individual ministries and agencies initiate the expansion of

the grounds on which men liable for military service should be allowed to travel outside Ukraine.

Among the latest initiatives, the appeal of the Commander-in-Chief of the Armed Forces of Ukraine Valerii

Zaluzhnyi to the Ministry of Defence with a request to allow those who are not subject to mobilization

during martial law, including students, to travel abroad, as reported on August 12, 2022 by the People's

Deputy of Ukraine Yulia Hryshyna on her Facebook page, has gained resonance.

It should also be noted that the scope of restrictions on the right to leave and exceptions to it, except for

the Rules No. 57, was and continues to be determined by the Administration of the State Border Guard

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Service at its discretion in information messages posted on the official website of the State Border Guard

Se i e, i pa ti ula i the se tio C ossi g the State Bo de du i g the Legal Regi e

of Martial Law.

Q&A . The i fo atio i this se tio is o sta tl updated a d e ised e e ithout ha ges i legal

regulation.

A e a ple of su h a situatio is the d a i s of egulatio of the ight to t a el a oad pe so s

reserved for the period of mobilization and wartime in accordance with the procedure established by the

Cabinet of Ministers of Ukraine.

According to the general rule set forth in clause 26 of Rules No. 57, in case of martial law in Ukraine, such

persons have the right to cross the state border regardless of the reason or duration of their departure. At

the sa e ti e, a o di g to the p o isio s of pa a. , Pa t of A ti le of the La of Uk ai e O

Mo ilizatio P epa atio a d Mo ilizatio , this ight applies e uall to

three categories of reserved

persons

1) those reserved by state authorities, other state bodies;

2) those reserved by local self-government bodies

3) those reserved by enterprises, institutions and organizations. At the same time, unofficial explanations

posted i the se tio C ossi g the State Bo de du i g the Legal Regi e of Ma tial La . Q&A o the

official website of the State Border Guard Service until August 8, 2022, which were also used by the state

border control authorities, all three categories of reserved persons had the right to cross the state border

only in case of an official business trip, although such a restriction on the basis for departure is not provided

for in the Rules No. 57.

O August ,

, the i fo

Ma tial La . Q&A .

atio i the se tio

Crossing

the State Border during the Legal Regime of

According to the new position of the State Border Guard Service, as of August 16, 2020, the conditions for

departure for reserved persons vary.

Those reserved for the period of mobilization and wartime by public authorities and other state bodies

(civil servants) have the opportunity to travel abroad not only on business trips but also on vacation. For

those reserved by enterprises and local governments, the only reason for traveling abroad is a business

trip.

Another example of discretionary regulation is the explanations provided by the State Border Guard

Service, based on which officials at checkpoints make decisions on border crossings by MPs and male

students studying abroad.

Thus, although in accordance with clause 26 of Rules No. 57, MPs of Ukraine have an unlimited right to

t a el outside Uk ai e as pe so s ho, i a o da e ith Pa t , A ti le of the La of Uk ai e O

Mo ilizatio P epa atio a d Mo ilizatio , a e ot subject

to call-up for military service during

mobilization, according to an explanation posted on the official website of the State Border Guard Service,

they have the right to travel if they have duly certified copies of documents certifying the fact of traveling

abroad on a business trip. In other cases, permission to leave is denied.

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Conversely, although the Rules No. 57 do not provide for the right of male students studying abroad to

travel outside Ukraine to study, their departure was allowed on the basis of the same explanations of the

State Border Guard Service, provided they provided supporting documents and if they were in Ukraine at

the time of the mobilization and were unable to travel outside Ukraine in accordance with the established

procedure to continue their studies. This practice was discontinued in September 2022, and the

explanations of the State Border Guard Service were changed to include information that students do not

have the right to travel abroad in accordance with the provisions of

A ti le of the La of Uk ai e O

Mo ilizatio P epa atio a d Mo ilizatio a d lause of the Rules No. .

At the request of the National Agency dated July 7, 2022 No. 22-03/15643- 2215 to provide information on

the list of documents that, in accordance with clause 26 of the Rules No. 57, give the right to cross the state

border to citizens liable for military service who are not subject to call-up for military service during

mobilization, separately for each category of persons in accordance with Article 23 of the Law of Ukraine

O Mo ilizatio P epa atio a d Mo ilizatio , the Ad i ist atio of the State Bo de Gua d Se i e i a

letter dated July 12, 2022 No. 23-20410/0/6-2216 noted that the legislation does not impose on the State

Border Guard Service the obligation to maintain an exhaustive list of documents required for crossing the

state border, and the Administration of the State Border Guard Service does not formulate a state policy on

the issues of traveling abroad by Ukrainian citizens under the legal regime of martial law in Ukraine.

2. Grounds for imposing restrictions on the right and exceptions to it

Currently, issues related to the crossing of the state border of Ukraine, including by persons liable for

military service under martial law, are regulated by the following legal acts:

•

Constitution of Ukraine;

• La of Uk ai e O the P o edu e fo Depa tu e f o

Uk ai e ;

• La of Uk ai e O the Legal Regi e of Ma tial La

•

Decree of

the P eside t of Uk ai e No.

La i Uk ai e ;

;

O the I t odu tio of Ma tial

Uk ai e a d E t

i to Uk ai e

Citize s of

dated Fe ua

•

Law of Ukraine No. 2102-IX

dated Fe ua

O App o al of the De ee of the P eside t of

Uk ai e O the I t odu tio of Ma tial La i Uk ai e ;

• De ee of the P eside t of Uk ai e No.

of Fe ua

O Ge e al Mo ilizatio ;

•

Law of Ukraine dated March 3. 2022 No. 2105-IX

O App o al of the De ee of the P eside t of Uk ai e

O Ge e al Mo ilizatio ;

•

Law of Ukrai

e O Mo ilizatio P epa atio a d Mo ilizatio ;

• La of Uk ai e O Bo de Co t ol ;

• La of Uk ai e O the State Bo de of Uk ai e ;

•

Rules for Crossing the State Border by Citizens of Ukraine approved by the Cabinet of Ministers of Ukraine

on January 27, 1995, No. 57;

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•

Procedure for establishing a special regime of entry and departure, restriction of freedom of movement

of citizens, foreigners and stateless persons, as well as movement of vehicles in Ukraine or in certain areas

where martial law has been introduced approved by Resolution of the Cabinet of Ministers of Ukraine No.

1455 dated December 29, 2021.

[..]

II. ILLEGAL SCHEMES AND CORRUPTION RISKS IN THE PROCEDURES FOR LEAVING

UKRAINE BY MEN LIABLE FOR MILITARY SERVICE UNDER MARTIAL LAW

As of September 1, 2022, the National Agency identified 8 most common ways (schemes) for men liable for

ilita se i e to get a ou d the

an on traveling outside Ukraine under martial law. Some of them may

be accompanied by corruption risks, which will be described below, and some of them are implemented

through illegal acts or conditionally legal mechanisms that are not related to corruption, but in general

indicate significant shortcomings in the system of control over the crossing of the state border by men aged

18 to 60, as well as the fact that the purpose of the ban on traveling outside Ukraine as it was intended is

not achieved

Scheme 1: Illegal crossing of the state border:

• ossi g the state o de

pe so s lia le fo ilita se i e outside of state o de ossi g poi ts a d

control points without passing border control by authorized officials of the state border protection unit;

• ossi g the state o de usi g thei passpo ts of fo eig

itize s;

• depa tu e of pe so s lia le fo ilita se i e f o Uk ai e at state o de ossi g poi ts a d o t ol

points with the assistance of officials of state border protection units without the implementation of

mandatory border control procedures;

• depa tu e to the te ito

ot o t olled Uk ai e

ossi g the de a atio li e ith fu the

departure abroad through the temporarily occupied territory of the Autonomous Republic of Crimea and

the territory of the Russian Federation.

Scheme 2. Use of forged or corruptly obtained documents with information on the deregistration of a

person liable for military service:

•a

ilita

ID a d ith

a ks o the pe so 's e o al f o

issio o u fit ess fo

ilitary registration;

ilita

se i e ith su se ue t e o al

• a e tifi ate of ilita

edi al o

from the military register.

Scheme 3: Use of forged documents on the status of a student of professional pre-university and higher

education abroad.

Scheme 4. Use of forged documents confirming the status of a father with many children.

Scheme 5. Use of forged or corruptly obtained documents allegedly confirming the need for treatment

(surgery) or medical rehabilitation abroad as a result of the military aggression of the Russian Federation.

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Scheme 6: Traveling outside of Ukraine based on letters from state authorities to the State Border Guard

Service with requests to assist persons liable for military service in crossing the state border.

Scheme 7. Departure from Ukraine through the Shliakh system as a driver who transports medical and

humanitarian aid cargo by road for the needs of the Armed Forces of Ukraine, other military formations

formed in accordance with the laws of Ukraine, as well as the population of Ukraine without the purpose

of delivering such cargo, but in their own interests (for example, taking family members abroad, visiting

family abroad, purchasing foreign vehicles, ordinary business trips, etc.)

Scheme 8: Departure from Ukraine as a driver of a vehicle of a business entity licensed to carry out

economic activities for the international transportation of goods and passengers by road, the information

about which is entered into the Shliakh information system. Departure is carried out according to the

seco d dri er sche e

–

two drivers leave Ukraine in a passenger vehicle (bus), and the vehicle returns to

the territory of Ukraine driven by only one driver.

The National Agency has identified corruption and other risks that allow most of these schemes to be

implemented, and describes their causes and conditions that increase these risks below in this study.

1. TYPICAL CORRUPTION AND OTHER RISKS IN THE PROCEDURES FOR CROSSING THE STATE

BORDER BY MEN LIABLE FOR MILITARY SERVICE AGED 18 TO 60

RISK 1

Abuse of office, extortion and receipt of undue advantage by officials of the Ministry of Infrastructure or

regional military administrations when making decisions on the departure of persons liable for military

service as drivers of humanitarian and other cargoes from Ukraine, using the Shliakh information system or

making such decisions in conditions of conflict of interest.

Abuse by persons authorized to perform the functions of the state or local self-government of their powers

or taking actions in conditions of a real conflict of interest to assist men liable for military service in

traveling outside Ukraine under the scheme of humanitarian cargo drivers.

Obtaining an unlawful benefit by an official of a charitable foundation, public organization, or other legal

e tit of p i ate la fo assisti g a pe so lia le fo ilita se i e i

o fi i g the status of a

olu tee fo his t a el a oad as a d i e of hu a ita ia a go usi g the Shliakh i fo atio s ste

According to clause 7 of the Resolution of the Cabinet of Ministers of Ukraine dated March 3, 2022 No. 194

So e Issues of Rese atio of Pe so s Lia le fo Milita Se i e u de the Legal Regi e of Ma tial La

(as amended before May 26, 2022), the Ministry of Infrastructure and regional military administrations

were authorized to make decisions on reservation of drivers liable for military service for medical and

humanitarian aid.

The regulation introduced by this resolution created numerous corruption risks, as the criteria and

procedure for making decisions on the reservation of drivers liable for military service were not regulated.

This allowed the Ministry of Infrastructure and regional military administrations to exercise wide discretion

and reserve men liable for military service at their own discretion.

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Individuals authorized to perform state functions used the powers granted to them and assisted men liable

for military service in traveling abroad for selfish reasons.

For example, in mid-March, the Head of the Chernivtsi Regional Military Administration sent a letter to the

Head of the State Border Guard Service of Ukraine asking him to facilitate the recommended list of persons

from Bukovyna to cross the state border of Ukraine to Romania to the former Head of the Regional Council

I. Muntian and the deputy of the Chernivtsi City Council V. Prodan, who later allegedly participated in a

scheme to import and appropriate ambulances donated as humanitarian aid from Italy by a charitable

organization. Criminal proceedings were registered on the facts of illegal actions with humanitarian aid on

April 20, 2022 No. 12022260000000114.

Another example relates to the People's Deputy of Ukraine Petiovka V. V., who three times in March, May

and June 2022 addressed the Head of the Zakarpattia Regional State Administration

–

Chief of the Regional

Military Administration with a deputy appeal to grant permission for his son Petiovka A. V. to travel outside

Ukraine. In the deputy appeals, the need to grant permission was justified by the need to receive and

deliver humanitarian goods for the needs of the Armed Forces of Ukraine. However, Petiovka A. V., who

has travelled outside Ukraine 5 times since April 2022, made such trips three times for his own purposes,

and not for the purpose of transporting humanitarian aid. In May and June 2022, the said MP also

addressed deputy appeals to the head of the Zakarpattia Regional Military Administration to grant

permission to travel outside Ukraine to the father of his son's wife and his cousin Baloha I. I.

Moreover, there were cases when regional military administrations facilitated men to travel abroad not as

pa t of the p o edu e fo ese i g ilita d i e s, ut o the asis of petitio s d a up i lette s f

the heads of regional military administrations to the State Border Guard Service, although the law did not

provide for such a basis for traveling abroad.

For example, in a letter dated May 6, 2022 No. 55/40-38-2505/2022, the head of the Khmelnytskyi Regional

Military District in response to an appeal from the MP V. Bondar did not approve the reservation of persons

whom the MP requested to be reserved as drivers of humanitarian cargo, since such persons were

registered in the military for military specialties that are in short supply for the Armed Forces of Ukraine. At

the sa e ti e, efe i g to the fa t that i so e ases, a o e-time

permission to cross the border is

granted on the basis of substantiated requests from individuals and legal entities by a letter from the

regional military administration to the State Border Guard Service of Ukraine, which is entered into the

Shliakh i fo atio s ste , the Kh el tsk i Regio al Milita Ad i ist atio allo ed a o e-time

border

crossing, although the law did

ot p o ide fo su h a pe issio a d the pe issio itself as ot a

legal basis for traveling abroad.

At first glance, the risks in the procedure for reserving drivers of humanitarian aid cargoes should have

been partially minimized with the adoptio

o Ma

of Resolutio No.

O A e d e ts to the

Resolutio s of the Ca i et of Mi iste s of Uk ai e of Ja ua

No. a d Ma h ,

No.

by the Cabinet of Ministers of Ukraine (entered into force on May 26, 2022), which:

1) excluded clause 7 from the Resolution of the Cabinet of Ministers of Ukraine No. 194 dated March 3,

So e Issues of Rese atio of Pe so s Lia le fo Milita Se i e u de the Legal Regi e of Ma tial

La , as a esult of hi h pe issio fo d i e s

to travel abroad was no longer granted through the

p o edu e of ese atio of pe so s lia le fo ilita se i e;

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2) added the procedure for crossing the state border by drivers liable for military service who transport

humanitarian goods is regulated in the Rules No. 57 (new clause 28 was added).

However, despite such improvements, the amendments to the Rules No. 57 retained the powers of the

Ministry of Infrastructure of Ukraine and regional and Kyiv city military administrations to make decisions

on drivers' departure from Ukraine, while also defining the grounds for making such decisions and the

conditions for their revocation.

Therefore, the legislation still allows officials of the regional military administrations and the Ministry of

Infrastructure of Ukraine to demand and receive undue benefits for making/not making relevant decisions

or taking actions, or making decisions in conditions of conflict of interest, as the safeguards provided by law

to prevent abuse are purely formal and do not work in practice.

Moreover, the possibility of corruption abuses by officials of State Service of Ukraine for Transport Safety

when entering information and administering the Shliakh information system, as well as by officials of the

State Border Guard Service of Ukraine who are involved in the mechanism of travel abroad for conscripted

drivers of humanitarian cargoes, remains.

O li e esou es epo t that so ial edia still ad e tise legal depa tu e th ough the Shliakh s ste ,

offering to register anyone for 1-2 thousand US dollars. Moreover, due to the increase in the number of

channels offering the implementation of this scheme, there is a decrease in the cost of departure from 2.0

to 1.7 thousand US dollars.

It should be noted that a significant number of men use the opportunity to cross the state border of

Ukraine not to deliver humanitarian aid or goods for the Armed Forces of Ukraine.

Signs that may indicate such cases are, in particular, crossing the state border in a car and staying abroad

for more than two weeks, leaving with his wife and children, returning by bus or rail or on foot, returning in

a foreign car that is subsequently registered to a private person, etc.

The analysis of the circumstances of crossing the state border by persons authorized to perform the

functions of the state or local self-government, including MPs of Ukraine, in the status of drivers of

humanitarian cargo or cargo for the Armed Forces of Ukraine also gives reasonable grounds to assume that

they mostly used the opportunity to solve private issues (to take or pick up family, pick up a car, vacation,

other private purposes).

Among individuals who benefited from the scheme for private purposes is, for example, Oleksandr

Hladkovskyi, former First Deputy Secretary of the National Security and Defence Council of Ukraine.

Hladkovskyi was repeatedly reserved by regional military administrations, including the Khmelnytskyi

Regional Military Administration, between March and June 2022 as a driver of humanitarian cargo. During

this period, he crossed the state border three times in cars of different brands registered to different

individuals (individuals and legal entities), and each time he returned on foot. Twice he returned to Ukraine

after reservation had expired.

At the request of the National Agency, the Khmelnytsky Regional Military Administration provided copies of

documents on the reserving drivers of humanitarian, medical and cargo for the needs of the Armed Forces

of Ukraine for the period from March 7, 2022 to May 20, 2022. However, the provided documents do not

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contain copies of the orders on reserving Hladkovskyi O. V., as well as the documents based on which such

orders could be made.

The former head of the Cherkasy Regional State Administration, Skichko O. O., despite the fact that he was

reserved as an inspector of the mobilization department of the Cherkasy Regional Military Administration,

before the birth of his daughter, began to travel abroad through the Shliakh system at the request of a

company partially owned by his wife. The company requested that Mr. Skichko travel abroad for 3 months

as a state representative. At the same time, the purpose of the trip was not to transport humanitarian

goods, as provided for in clause 28 of Rules No. 57, but for the company's management to negotiate with

representatives of European companies on further cooperation in obtaining panels for housing

construction in Ukraine.

According to statements of the deputy of the Kyiv Regional Council Samoilenko T. V., the Kyiv Regional

Military Administration granted permission to leave Ukraine to citizens Somyk O. S. and Yahotin R. S.

According to the information provided by the Odesa Customs, Somyk O. S. returned to the territory of

Uk ai e as a d i e of a ehi le usi g the g ee o ido la e ithout a itte de la atio . Yahodi R. V.

ossed the state o de t i e a d etu ed to Uk ai e as a passe ge usi g the g ee o ido la e

without declaring humanitarian aid.

At the request of MP Zadorozhnyi M. M., the Sumy Regional Military Administration granted permission to

leave Ukraine to citizen V. Kobzar for the alleged transportation of vehicles and humanitarian aid for the

Armed Forces of Ukraine and the affected population of Sumy region. However, upon returning to Ukraine,

V. Kobzar declared the foreign vehicle as having been purchased for his own needs. At the request of

another MP, Ananchenko O. M., V. Kobzar was re-granted permission to leave Ukraine with the same

justification. During customs clearance at the entrance to Ukraine, V. Kobzar again declared a foreign

vehicle purchased for personal use.

According to the decision of the Kyiv Regional Military Administration, citizens O. Kuryk, A. Beliaiev, Y.

Vovkotrub and O. Chornyi were granted permission to travel abroad to deliver humanitarian aid and

vehicles for the needs of the Armed Forces of Ukraine. However, in early June 2022, these individuals

imported 5 cars to Ukraine, which were subsequently registered to private individuals or resold.

The Order of the Ministry of Infrastructure dated May 31, 2022 No. 375, based on the justification of a

charitable organization, granted permission to travel abroad to provide food aid to the Head of the Main

Department of the State Labour in Kyiv region Semchuk R. I., who, having left Ukraine on June 13, 2022,

returned on June 29, 2022 by passenger train, which excludes the possibility of delivering humanitarian

cargo in the status of a vehicle driver.

The National Agency has also identified 59 people who, with the assistance of the heads of regional military

administrations and the head of the Ministry of Infrastructure of Ukraine, left Ukraine and have not

returned as of July 28, 2022

The most massive departure of such persons took place based on their entry into the Shliakh system by an

official of the Lviv Regional Military Administration (38 persons out of the currently identified). Among

these persons is Portnov I. A. (son of former MP and Deputy Head of the Presidential Administration of

Ukraine Portnov A. V.), who left Ukraine on March 28, 22, with a driver and has not returned, although he

was obliged to return on April 22, 2022.

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The National Agency has identified 12 charitable foundations and public organizations that, with the

assistance of the Lviv Regional Military Administration, are likely to be involved in organizing the illegal

crossing of the state border and the non-return of men liable for military service to Ukraine.

According to the statistics provided by State Service of Ukraine for Transport Safety, the number of entries

in the Shliakh system for drivers in respect of whom decisions were made by regional military

administrations as of September 7, 2022 is more than 95,755 lines (Technically, one line contains an entry

for one last name. The Shliakh system may contain several lines with the same last name. This means that

several decisions on traveling abroad were made in relation to the same person at different times).

In addition to the personal dishonesty of officials and the desire to satisfy their private interests, the

National Agency identified 7 other reasons and conditions

–

corruption-prone factors in legislation and

shortcomings in the organization of processes

–

that together create corruption risks in the procedure for

traveling abroad as a driver of humanitarian cargo through the Shliakh information system:

1. Unclear and ineffective in practice criteria for making decisions on whether drivers may travel abroad,

which allow officials to make decisions arbitrarily.

In accordance with clause 28 of Rules No. 57, the decision to leave Ukraine for drivers engaged in the

transportation of medical and humanitarian aid cargo is made by the Ministry of Infrastructure or regional

or Kyiv city military administrations, provided that there are appropriate justifications for the volume of

cargo and the number of vehicles required for its transportation in letters from any of the following bodies,

enterprises, institutions, organizations, establishments:

•

ilita , la e fo e e t age ies

ilita

ad i ist atio s;

edi al i stitutio s;

• se de s o e ipie ts of hu a ita ia aid.

Thus, officials of the Ministry of Infrastructure or regional and Kyiv city military administrations should be

guided by only two criteria when making decisions:

• olu e of a go

• u

ber of vehicles.

Such officials must assess whether the volume of cargo declared in the justification correlates or

corresponds to the number of vehicles required for its transportation.

However, these criteria are not really effective and sufficient to make an informed decision.

First, there are no requirements for the units of measurement in which the volume of cargo should be

determined. Second, the number of vehicles alone

–

without specifying the model/brand of the vehicle and

its technical characteristics

–

will not allow to assess whether such a number of vehicles is necessary to

transport the declared volume of cargo.

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Third, to make a decision, it is necessary to understand how many trips need to be made and by how many

drivers in order to transport the stated volume of cargo by the specified number of vehicles. However, such

information is not provided in the justification.

To adequately assess the situation according to these criteria, it seems that a solid methodology based on

calculations is needed. Officials of the Ministry of Infrastructure or regional and Kyiv city military

administrations do not have sufficient qualifications (expertise) and the necessary additional information to

objectively assess the criteria provided for in clause 28 of Rules No. 57.

However, there is no methodology and clear criteria for assessing the compliance of the volume of cargo

with the number of vehicles, and internal procedures on this issue, according to information received from

the Ministry of Infrastructure and certain regional military administrations, have not been adopted.

Thus, the information in the applicant's justifications is assessed arbitrarily and formally, with officials

making decisions at their own discretion.

A separate problem is that there are no regulatory criteria for deciding on the duration of a driver's permit

to travel abroad. Pursuant to clause 28 of Rules No. 57, such a decision may be made for a period of up to 6

months based on the submitted justification only with respect to the volume of cargo and the number of

vehicles required for its transportation. There is no requirement for the applicant to justify the terms of

cargo transportation.

The discretion of officials of the Ministry of Infrastructure, regional and Kyiv city state administrations in

determining the duration of travel permits abroad creates conditions for abuse, as a result of which men

liable for military service can obtain the right to travel for a much longer period than is objectively

necessary and use this right mainly for personal purposes. For example, within a 6-month permit, such

persons may travel to their destination only once, spending 1 week, and use the rest of the permit for

personal travel.

It is worth noting that the practice of the Ministry of Infrastructure is to issue travel permits for a period of

3 months for all applications. There is no justification for this duration in the orders of the Ministry of

Infrastructure.

EXAMPLES:

1. The Order of the Ministry of Infrastructure dated May 30, 2022 No. 370, in accordance with clause

28 of Rules No. 57, granted permission to travel outside Ukraine for a period of 3 calendar months

to 16 male drivers at the request of the Volunteer Formation of the Kyiv Territorial Community

S o oda i o e tio ith the

performance of tasks related to the transportation of medical

supplies, medicines and food to meet the priority needs of the Volunteer Formation, whose fighters

are defending the eastern territories of Ukraine. The documents submitted to the Ministry of

Infrastructure do not provide any justification for the volume of cargo and the number of vehicles,

as well as the required duration of trips, number of drivers, etc.

The Order of the Ministry of Infrastructure dated June 1, 2022 No. 377, in accordance with clause

28 of Rules No. 57, granted permission to travel outside Ukraine for a period of 3 calendar months

to a ale d i e at the e uest of LLC S e g OIL i o e tio ith the pe fo a e of tasks

related to the transportation of humanitarian aid and medical supplies. The application provides

information on two vehicles that will be needed for the transportation of goods, but there is no

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justification for the volume of cargo, as well as the number of trips / duration of cargo

transportation activities in the documents submitted to the Ministry of Infrastructure.

2. Lack of requirements to confirm the information provided by applicants in their applications and in

their justifications.

Clause 28 of Rules No. 57 does not stipulate how the information referred to by applicants should be

confirmed and how the bodies authorized to make decisions should verify it.

Given the volume of applications received by the Ministry of Infrastructure and regional military

administrations, officials authorized to review applications and prepare draft decisions do not have the

resources to verify the accuracy of the information used to substantiate the applications. There are also no

operational tools to verify certain information.

For example, in accordance with clause 28 of Rules No. 57, the decision to allow drivers to travel abroad is

based on justification in letters from, among others, senders or recipients of humanitarian aid.

During the period of martial law, there are no tools to verify whether a charitable foundation, public

organization, individual entrepreneur or other legal entity is a sender or recipient of humanitarian aid: the

Ministry of Social Policy suspended the maintenance of the Unified Register of Recipients of Humanitarian

Aid on February 24, 2022, the provisions of the legislation defining the categories of recipients of

humanitarian aid have changed and are not currently consistent with each other.

Consequently, the Ministry of Infrastructure, regional and Kyiv city military administrations have limited

opportunities to ensure that a charitable foundation, NGO or other applicant applying for a permit to drive

humanitarian cargo abroad is actually engaged in the provision of humanitarian aid and will use the permit

for the stated purpose. At the request of the National Agency to provide information on how the Ministry

of I f ast u tu e e ifies the status of e ipie t a d se de of hu a ita ia aid, the espo se as that

the Ministry of Infrastructure does not perform verification functions in these matters. This factor leads to

the fact that the accuracy of the information provided by applicants is not verified, and officials of the

Ministry of Infrastructure, regional and Kyiv city military administrations can be guided by their own

discretion when making decisions, including in order to satisfy their private interests.

3. Rules No. 57 do not require confirmation of the driver's right to drive vehicles.

This information is not provided for in the set of driver data entered into the Shliakh information system

–

only the last name, first name, patronymic, and passport data are included.

4. The provisions of clause 28 of Rules No. 57 allow for an ambiguous interpretation of which entity the

Ministry of Infrastructure, regional and Kyiv city state administrations have the right to decide on drivers'

travel abroad at the request of which entity

Within the meaning of clause 28 of Rules No. 57, the decision to leave Ukraine for drivers engaged in

transportation provided for in this clause is made by the Ministry of Infrastructure or regional, Kyiv city

military administrations, provided that there is a corresponding justification in letters from any of the

following bodies, enterprises, institutions, organizations, establishments:

•

ilita , la e fo

ement agencies

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•

ilita

ad i ist atio s;

edi al i stitutio s;

• se de s o e ipie ts of hu a ita ia aid.

The meaning of the provision can be understood in such a way that the legislation does not limit the list of

entities whose requests are used to make decisions on the departure of drivers from Ukraine. It is also

possible to assume that only military law enforcement agencies, military administrations, medical

institutions or senders/recipients of humanitarian aid can apply to the Ministry of Infrastructure, regional

and Kyiv city military administrations for permission to allow drivers to leave Ukraine.

The ambiguity of the wording, coupled with the formal requirements for the substantiation on which the

decision is based, gives officials of the Ministry of Infrastructure, regional and Kyiv city military

administrations too much discretion when considering relevant applications, including arbitrary decisions

on the departure of drivers abroad at the request of any entity.

EXAMPLE:

Order of the Ministry of Infrastructure No. 366 dated May 29, 2022 granted permission to travel outside

Uk ai e to si d i e s, hose p oposals e e su itted LLC ICECOM PLUS i o e tio ith the

company's performance of tasks related to the transportation of medicines and medicines by order of

another legal entity

– LLC WORLD COURIER UKRAINE . F o the ate ials

analysed by the National

Agency, it appears that although the company's request is justified by the need to transport medicines,

eithe the appli a t o pa

o LLC WORLD COURIER UKRAINE , o the asis of hi h the Mi ist of

Infrastructure granted permission for drivers to travel abroad, belong to medical institutions or

senders/receivers of humanitarian aid.

5. No deadline set for the Ministry of Infrastructure, regional and Kyiv city military administrations to

make decisions on drivers' travel abroad. No provision for refusing a decision and its justification.

This factor can be used by officials to delay decision-making and demand unlawful demands for speeding

up the decision-making process.

6. Lack of proper control over the processing of applications, preparation of draft decisions, and entering

information about the driver into the Shliakh information system.

Pursuant to clause 28 of Rules No. 57, drivers transporting medical and humanitarian cargo across the state

border are allowed to cross the border only if they have the relevant decisions to leave Ukraine and if

information about the person is available in the Shliakh information system, which is administered by State

Service of Ukraine for Transport Safety.

Based on the information provided by State Service of Ukraine for Transport Safety, the Shliakh system

e te s su h i fo atio as, i pa ti ula , the fi al date of the d i e 's ese atio . This date is dete i ed

in accordance with the period for which the decision to travel outside Ukraine has been made.

Using the example of the processes implemented in the Ministry of Infrastructure, it was found that 4

officials have access to the Shliakh system

–

3 chief specialists and 1 head of department. The powers of

these persons are defined by a separate order of the Deputy Minister for Digital Development, Digital

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Transformation and Digitalization of Ukraine and are exercised using a qualified electronic signature. The

list of responsible persons was sent to State Service of Ukraine for Transport Safety.

Upon requesting what levels and tools of control the Ministry of Infrastructure has implemented to control

(verify) the accuracy and completeness of the information entered into the Shliakh system about a person

in respect of whom a decision to leave Ukraine has been issued, the National Agency received a response

that the Ministry of Infrastructure does not perform verification and control functions in relation to these

issues. Thus, the Ministry of Infrastructure does not have a second level of control over the actions of

responsible persons. A similar question was asked selectively to two regional military administrations

–

Vinnytsia and Ivano-Frankivsk. The answers received also do not indicate the introduction of additional

levels of control over the activities of officials authorized to enter information into the Shliakh system. This

factor leads to the risk that information may be entered into the Shliakh system that does not comply with

decisions made by the Ministry of Infrastructure and regional military administrations and improves the

ability of drivers to travel outside Ukraine.

EXAMPLE:

Order of the Ministry of Infrastructure No. 366 dated May 29, 2022, in accordance with clause 28 of Rules

No. 57, granted permission to 13 male drivers to travel outside Ukraine. The order does not specify the

validity period of the permit, but the information on the final date of the drivers' reservation has been

entered into the Shliakh system. Thus, each driver was unreasonably allowed to travel abroad for 3 months.

7. Drivers' compliance with the purpose and terms of traveling abroad is not checked or controlled by

any government agency.

In order to prevent illegal practices of drivers traveling abroad, the Ministry of Infrastructure, regional and

Kyiv city military administrations are authorized under clause 28 of Rules No. 57 to cancel their decision to

allow drivers to travel abroad in case of a change in the purpose of travel or violation of the terms of stay

abroad.

In practice, this provision does not work: according to information received from the Ministry of

Infrastructure and some regional military administrations, compliance with the purpose and terms of travel

abroad by drivers is not checked or controlled.

For example, the Administration of the State Border Guard Service responded to the National Agency's

e uest that the legislatio does ot defi e the task of the State Bo de Gua d Se i e of Uk ai e to

monitor compliance with the terms of stay abroad and mandatory control of the purpose of travel abroad

d i e s su je t to ilita se i e . The Mi ist of I f ast u tu e, i espo se to a si ila e uest,

stated that it does ot e e ise the fu tio of e ifi atio a d o t ol o e the issues outli ed i the

Re uest . The e is o e ha

ge of information between the regional military administrations, the Ministry

of Infrastructure, the State Border Guard Service, and the State Customs Service of Ukraine on the

compliance of drivers with the purpose of traveling abroad, including the declaration of humanitarian aid

upon returning to Ukraine.

RISK 2

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Obtaining an unlawful benefit by official of business entity licensed to carry out economic activities for

international transportation of passengers by road for assistance in the departure of a person liable for

military service outside Ukraine as a bus driver using the Shliakh information system.

For the period of martial law, business entities may obtain a license to carry out international passenger

transportation by bus. The process of applying for and obtaining a license is carried out through

authorization in the Shliakh information system26.

According to clause 29 of Rules No. 57, bus drivers belonging to licensees who are authorized in the Shliakh

system have the right to travel abroad for international passenger transportation for up to 45 days.

Departure is permitted if the driver's information is entered into the Shliakh information system and the

vehicle used to cross the border is a means of conducting the licensee's business with a gross vehicle

weight of 3,500 kilograms or more.

A condition for the realization of a corruption risk is created by the fact that, according to clause 29 of Rules

No. 57, two drivers are allowed to travel on one bus of the licensee carrier. One of them is actually a driver,

and the other may be entered into the Shliakh system as a driver for undue benefit in order to travel

abroad for personal purposes.

The implementation of this scheme by private transportation companies was described, in particular, in a

report by the Security Service of Ukraine in Volyn region in May of this year. According to the law

enforcement agency, in the scheme that was exposed and eliminated, the fake drivers did not return to

Ukraine after crossing the border.

According to the statistics provided by State Service of Ukraine for Transport Safety, the number of records

in the Shliakh system for drivers in respect of whom licensees' applications were submitted as of

September 7, 2022 is more than 459,229 lines.

The National Agency has identified 5 reasons and conditions that together give rise to this corruption risk:

1. Clause 29 of Rules No. 57 does not require confirmation of labour, civil or other legal relations between

the licensee carrier and the driver whose information is entered into the Shliakh information system.

2. Rules No. 57 do not require confirmation of the driver's right to drive vehicles of the relevant category.

Information on this is not provided for in the set of driver data entered into the Shliakh information system

–

such data includes only the last name, name, patronymic and passport data.

3. State authorities do not effectively monitor compliance with the purpose of the driver's trip.

As a safeguard against driver abuse, clause 29 of Rules No. 57 provides that if the purpose of the trip is not

confirmed, authorized officials of the State Border Guard Service shall refuse to allow the driver to cross the

state o de i a o da e ith the p o edu e set out i Pa t , A ti le of the La of Uk ai e O Bo de

Co t ol . I p a ti e, ho e e , at the state o de ossi g poi ts, State Bo de Gua d Se i e offi ials o l

check the driver's identity against the information entered into the Shliakh system, which is insufficient to

confirm the purpose of the trip, since it does not even provide information about the driver's right to drive.

The legislation does not specify how exactly the State Border Guard Service officials should check the

pu pose of the t ip. The Risk P ofile Illegal C ossi g of the State Bo de

Citize s of Uk ai e Lia le fo

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Milita Se i e app o ed the O de of the State Bo de Gua d Se i e Ad i ist atio No.

April 29, 2022 does not contain tools for such verification.

ah dated

At the request of the National Agency, the Administration of the State Border Guard Service informed that

the legislation of Ukraine does not define the task of the State Border Guard Service to mandatorily control

the purpose of traveling abroad by drivers with military service.

Thus, the safeguard against abuse in the form of refusal to cross the border if the purpose of the bus

driver's trip is not confirmed is essentially formal and ineffective in practice.

4. State authorities do not effectively monitor compliance with the deadlines for drivers to stay abroad.

Another safeguard that should minimize the possibility of abuse is the liability of the licensee carrier in case

of overstaying by drivers, as defined in clause 29 of Rules No. 57. State Service of Ukraine for Transport

Safety may suspend such a carrier's access to the Unified Information System for 3 months. At the same

time, according to information received from State Service of Ukraine for Transport Safety and the

Administration of the State Border Guard Service, neither of these bodies monitors compliance with the

terms of stay abroad by drivers subject to military service, citing the lack of relevant legal grounds in the

legislation. In response to the National Agency's request, State Service of Ukraine for Transport Safety also

informed that the law does not currently provide for interaction between State Service of Ukraine for

Transport Safety and other public authorities on issues of compliance with the terms of stay abroad by

drivers of licensees' vehicles. State Service of Ukraine for Transport Safety did not receive any information

from the competent authorities on the established facts of violation of the terms of stay of the licensee's

vehicle drivers abroad for the period from May 20, 2022 to July 13, 2022. The licensees' access to the

Unified Complex of Information Systems was not terminated upon exceeding the terms of their drivers'

stay abroad in accordance with clause 29 of Rules No. 57. Thus, the safeguard against abuse in the form of

control over the terms and liability of licensees is currently essentially formal and ineffective in practice.

Additionally, it should be noted that the powers of State Service of Ukraine for Transport Safety to

terminate the licensee's access to the Unified Complex of Information Systems are discretionary

–

the

Service may, but is not obliged to terminate such access. Pursuant to clause 29 of Rules No. 57, the decision

to terminate the licensee's access to the Unified Complex of Information Systems of State Service of

Ukraine for Transport Safety is made by a commission, which may include representatives of the Ministry of

Infrastructure and other state authorities, and approved by an order of the Head of State Service of Ukraine

for Transport Safety. At the same time, the law does not specify conditions that would limit the discretion

of State Service of Ukraine for Transport Safety and determine the criteria for making a decision to

terminate access, and the procedure for the activities of the relevant commission is not defined by the

order of State Service of Ukraine for Transport Safety, which creates additional corruption risks in the

activities of State Service of Ukraine for Transport Safety officials and the commission.

5. The Shliakh information system is in trial operation: the procedure for its functioning and administration,

the rights of system users, levels of access to information and its processing are not defined in the

regulations; a comprehensive information security system has not been implemented.

RISK 3

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Abuse, satisfaction of private interests by officials of state bodies in connection with sending letters to

the Administration of the State Border Guard Service requesting permission to travel outside Ukraine for

men liable for military service who are not reserved for the period of mobilization and wartime.

The scheme is implemented in the following way: enterprises, institutions, organizations of any form of

ownership, and individuals apply to the ministry or central government body that implements state policy

in the area to which the issue belongs, justifying the need to travel abroad. The relevant government

agency sends a letter to the State Border Guard Service Administration with

a e uest to assist e tai

men during crossing border control. Such letters usually contain information about the border crossing

point the man intends to use, his passport details, the expected date of departure, return and the reason

for the need to travel abroad. Upon receipt of such a letter, the Head of the State Border Guard Service

brings the information to the attention of the State Border Guard Service officials at the state border

crossing point and instructs them to grant the man or group of men specified in the application a permit to

cross the border.

In some cases, the reasons for departure are justified by the needs and benefits for the state or civil

service, international cooperation, in others

–

by the personal circumstances of the citizens who need

permission to leave or the needs of Ukrainian communities abroad.

At the same time, the degree of detail of the justification and confirmation of the relevant circumstances

varies from request to request, and their assessment is subject to the absolute discretion of both the

authorities receiving the request for assistance and officials of the State Border Guard Service

Administration, which creates favourable conditions for corruption.

It should also be added that no state body monitors the return to Ukraine of men who have been assisted

in this way in traveling abroad, and this issue is not regulated in any way in the legislation.

The Natio al Age

has o du ted a sa ple stud of the p a ti e of so e i ist ies of usi g the lette

tool

to assist men liable for military service who are not employees of ministries in traveling abroad

outside the scope of regulation introduced by Rules No. 57.

For example, between March 1, 2022 and July 20, 2022, the Ministry of Culture and Information Policy of

Ukraine applied to the Administration of the State Border Guard Service for permission to travel abroad for

more than 2,000 people, the Ministry of Foreign Affairs of Ukraine

–

more than 300 people, and the

Ministry of Justice of Ukraine

–

19 people. The number of non-employees who were assisted in traveling

abroad by the Ministry of Social Policy of Ukraine, the Ministry of Reintegration of the Temporarily

Occupied Territories of Ukraine, and the Ministry of Economy of Ukraine, according to the documents

studied, ranges from 1 to 8 people. The Ministry of Youth and Sports of Ukraine provided information only

on business trips of its employees.

For example, in May-July 2022, the Ministry of Culture and Information Policy of Ukraine requested

permission from the State Border Guard Service for the following people to travel outside Ukraine:

- designer Frolov I. V. and director Dvizhon V. to participate in the art event

–

Swiss premiere of short

fashion film FROLOV STUD and to take part in panel discussion at Pink Apple Film Festival in Zurich. The

duration of the stay abroad was approximately 9 days;

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

itize s Fedo o V. M. a d Siedo oso R. O. fo the pu pose of holdi g ha ita le ultu al e e ts i the

Netherlands in support of Ukraine and spreading

the ultu e of Uk ai e . Thei a oad sta lasted

approximately more than 1 month;

a tist of State E te p ise State Ci us Co pa of Uk ai e fo a tou as pa t of the i us p og a of the

State E te p ise Molodist i the Repu li of Fi la d ith the ai of p o oti g Uk ai ia i us ultu e .

The abroad stay is estimated to last more than 5 months;

- group of clergymen and delegates of the Seventh-da

Ad e tist Chu h to pa ti ipate i the

Congress of the World Church of Seventh-day Adventists

. Thei sta a oad as app o i atel

itize B zhko R. I. fo the pu pose of passi g the e t a e e a

Pe fo i g A ts Ma hei i Ge a ;

da s;

to the State U i e sit of Musi a d

- citizens O. Shpudeiko and M. Kolomiiets for the purpose

of i ple e ti g the p oje t Musi al Offe i g

as a u i ue p odu t that has o a alogues , ith a pe iod of sta a oad f o Ma

to o late

tha Jul ,

;

- employee of the State Enterprise "State Academic Variety and Symphony Orchestra of Ukraine", A.

Churikov, for the purpose of "participation in a tour of German cities";

itize O. Pod fo the pu pose of pa ti ipatio i the i te atio al sa d s ulptu e o petitio Su

sig s i Lat ia ;

- citizen I. Bondarenko for the purpose of

pe fo

i g at i te atio al festi als a d o e ts i Eu ope .

Between June and July 2022, the Ministry of Justice of Ukraine applied to the State Border Guard Service to

allow them to travel outside Ukraine:

- 4 students of the National University of Kyiv-Mohyla Academy to participate in the world stage of the John

H. Ja so Moot Cou t Co petitio o WTO La i S itze la d as the fi st tea that i the

-year history

of participation in the competition became the first Ukrainian team to win the final of the European rounds

a d o the ight to ep ese t Uk ai e at the o ld stage ;

- President of the Notary Chamber of Ukraine V. Marchenko to participate in the plenary session of the

General Assembly of the Council of Notaries of the European Union in Ital

, hi h as to add ess the

representatives of the world notary community in order to attract their attention and effective response to

the events taking place in Ukraine as a result of the armed aggression of the Russian Federation, as well as

to hold

a u e of eeti gs du i g the e e t a d ake de isio s of i te est to the Uk ai ia ota .

In May and June 2022, the Ministry of Foreign Affairs of Ukraine repeatedly requested the State Border

Guard Service to allow a number of employees of Ukrainian companies to travel to Turkmenistan to ensure

the implementation of existing contracts and pre-contractual work with Turkmen partners on projects of

strategic importance to the government of Turkmenistan and under the personal control of the president

of that country.

In April 2022, the Ministry of Foreign Affairs of Ukraine asked the State Border Guard Service to allow

Ukrainian musician Max Barskykh to travel outside Ukraine to participate in the Stop War in Ukraine charity

music tour of Ukrainian artists in the capitals of the European Union, as well as in the Billboards' MusicCon

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

summit and the Billboard Music Award ceremony in Las Vegas (USA). There is reason to believe that men

who were not entitled to do so under the Rules No. 57 and whose departure was not justified or based on

false i fo atio

a ha e left the te ito of Uk ai e usi g the lette s of assista e s he e a d

receiving undue benefits. For example, according to the Security Service of Ukraine, former director general

of the Antonov State Enterprise was found to have organized the illegal transfer of Ukrainians of military

age abroad. In March of this year, the official submitted to the State Border Guard Service a list of

employees traveling abroad for aircraft maintenance. However, unauthorized persons were included in the

group for the business trip, including a close relative of the former CEO of Antonov. Thus, this person was

able to cross the border under the guise of an aircraft manufacturer.

The National Agency has identified 6 causes and conditions that together give rise to this corruption risk:

. U esol ed legal g ou ds a d p o edu es fo t a eli g a oad upo

enterprises, institutions, and organizations.

petitio s f o

state odies,

2. Significant integration of all spheres of the country's life into international processes, developed cross-

border relations, in which men of military age actively participate, which cannot be stopped immediately

without significant reputational, legal, and economic damage to the individual, community, field of activity,

and the state as a whole.

Such circumstances generate a significant demand for any instruments of influence that can be used to

prevent men liable for military service from traveling abroad.

3. The imperfection of Rules No. 57, which do not take into account all cases, including emergency cases, in

which men should be allowed to travel abroad.

This issue is a constant subject of political debate. For example, despite widely announced amendments to

Rules No. 57 that would allow businesses to conduct business trips abroad and students to travel abroad to

study, such amendments were not adopted and implemented. Today, a balance is being sought between

public interests and the needs of mobilization in the issue of crossing the state border of Ukraine, but this

process is not transparent and clear to all.

4. Lack of separate internal procedures or instructions in the State Border Guard Service to control the

crossing of the state border of Ukraine by persons liable for military service under martial law and their

return to the territory of Ukraine, which would exhaustively define all the grounds for permission to leave

and the documents that confirm such grounds.

5. Lack of legal liability for non-compliance with the terms of stay abroad or failure to return to Ukraine;

lack of control by the State Border Guard Service or other state bodies over compliance with the terms and

purpose of traveling abroad.

RISK 4

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Abuse of office and obtaining undue advantage by officials of the State Border Guard Service from male

persons of military age for:

1) facilitating illegal crossing of the state border of Ukraine outside the official checkpoint, in

particular by providing information on the location of border patrols or failure to enter

information on border crossing into the relevant databases.

assistance in crossing the state border of Ukraine, in particular by using forged documents with

marks of deregistration or unfitness for military service; documents that do not give grounds for

traveling abroad, such as certificates and letters of need for treatment or rehabilitation in a

foreign medical institution for persons who are not members of the defense and security forces,

as well as letters of assistance from state authorities.

Restrictions on traveling abroad have provoked demand for forged or corruptly obtained documents for

traveling abroad, as well as for assistance from State Border Guard Service officials in crossing the state

o de usi g the . Nu e ous ad e tise e ts offe i g tu ke se i es fo e aged to to t a el

abroad can be found on the Internet and Telegram channels. Law enforcement agencies systematically

expose such schemes and illegal channels for smuggling men subject to military service abroad, and detain

State Border Guard Service officials at the time of receiving illegal benefits.

FOR EXAMPLE:

1. Inspector of the border guard detachment in Chop was served a notice of suspicion of receiving an

illegal benefit in the amount of USD 2 thousand and facilitating the illegal transportation of persons

across the state border by providing information on the location of border patrols under the

procedural supervision of the Zakarpattia Specialized Prosecutor's Office in the Military and

Defence Sphere of the Western Region.

Under procedural supervision of Lviv Specialized Prosecutor's Office in the Military and Defence

Sphere of the Western Region, investigators and operatives of the Territorial Department of the

State Bureau of Investigation located in Lviv, police officers of the Strategic Investigations

Department of the National Police of Ukraine in Lviv region exposed an illegal channel for

smuggling potential conscripts abroad. The investigation established that the illegal scheme was

organized by an inspector of the Border Guard Service, inspector of the customs post of the Lviv

Customs, as well as a civilian

– a lo al eside t. These i di iduals esti ated thei se i es at USD

6 thousand per person, and promised not to enter information about border crossings into the

relevant databases.

The Specialized Military and Defence Prosecutor's Office of the Central Region reported the

detention of a sergeant of the Mohyliv-Podilskyi border guard detachment for receiving an undue

benefit of USD 5,000 for allowing illegal border crossing. The border guard estimated the total cost

of his services at USD 10 thousand.

Under the procedural supervision of prosecutors of Vinnytsia Specialized Military and Defence

Prosecutor's Office, a citizen of Ukraine was detained for providing an undue benefit in the amount

of USD 2 thousand to an officer of the State Border Guard Service for assistance in crossing the

state border without legal grounds.

The State Bureau of Investigation is also investigating the travel abroad of the former Chairman of

the Constitutional Court of Ukraine Oleksandr Tupytskyi. Investigators of the State Bureau of

Investigation found that he left Ukraine without passing the border and customs control provided

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

for by law and without checking the documents granting the right to travel abroad. They also did

not find out whether there were any grounds for temporarily restricting Oleksandr Tupytskyi's right

to travel abroad.

3) not creating obstacles in crossing the state border on the basis of documents intended to confirm

the right to leave, but, in the opinion of the State Border Guard Service officials, have formal

deficiencies, or if the provided package of documents is recognized as insufficient.

This risk was typical, in particular, for the procedure of crossing the state border by students of foreign

higher education institutions.

For example, an official of the State Border Guard Service could create obstacles to departure due to the

reference in the certificate of the territorial centre of recruitment and social support on the granting of a

deferment from conscription to Arti

le of the La of Uk ai e O Milita Dut a d Milita Se i e ,

a d ot to A ti le of the La of Uk ai e O Mo ilizatio P epa atio a d Mo ilizatio . The p o le is

caused by the fact that the grounds for granting a postponement of conscription (mobilization) are

egulated

oth the La of Uk ai e O Milita Dut a d Milita Se i e a d the La of Uk ai e O

Mo ilizatio P epa atio a d Mo ilizatio . At the sa e ti e, the e a e o lea e ui e e ts fo the

content of the certificate of the territorial centre for recruitment and social support in the explanations of

the State Border Guard Service; the Ministry of Defence and the State Border Guard Service have not

agreed on such requirements and they have not been communicated to the territorial centres for

recruitment and social support. As a result, there is no uniform practice of issuing certificates.

The same situation and for the same reasons could arise in connection with the wording used in the

certificate. For example, an official of the State Border Guard Service could create obstacles to departure if

the e tifi ate stated that the pe so as e titled to a postpo e e t i stead of g a ted a

postpo e e t o if the postpo e e t as fo t o ea s i stead of o e. Neithe the legal

acts nor the

explanations of the State Border Guard Service contained clear instructions on these issues of preparing the

certificate.

An official of the State Border Guard Service could refuse to cross the border, citing the fact that the

student could not confirm the fact of studying abroad and that the package of documents submitted in

accordance with the explanations of the State Border Guard Service was insufficient. This could have

prompted the person to provide an unlawful benefit for not creating obstacles to departure.

4) failure to notify the authorities authorized to cancel the decision to depart from Ukraine for

drivers of humanitarian cargoes liable for military service of violation of the terms of stay abroad

or change of the purpose of the trip (clause 28 of Rules No. 57).

failure to notify the State Service of Ukraine for Transport Safety of violation of the terms of stay

abroad or change of the purpose of the trip by a driver of a business entity licensed to carry out

international transportation of goods and passengers by road (clause 29 of Rules No. 57).

According to clauses 28, 29 of Rules No. 57, drivers of humanitarian, medical and cargo for the needs of the

Armed Forces of Ukraine, as well as drivers engaged in international cargo or passenger transportation,

whose information is entered into the Shliakh information system, are subject to restrictions on the period

of stay abroad and changes in the purpose of departure

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

If such periods are exceeded or the purpose of departure is changed, in accordance with clauses 28, 29 of

Rules No. 57, the Ministry of Infrastructure, regional and Kyiv city military administrations cancel the travel

permit, and State Service of Ukraine for Transport Safety may suspend the access of a business entity

holding a transportation license to the Shliakh system for three months.

Rules No. 57 do not impose an obligation on the State Border Guard Service to inform the relevant

authorities of drivers' overstay or change of purpose of departure, and such interaction is not provided for

in departmental documents. However, in some cases, the State Border Guard Service does inform such

authorities. Based on the information received, drivers' permits to travel abroad are cancelled.

At the same time, due to the unregulated mechanisms of information exchange and interaction between

state bodies, State Border Guard Service officials independently and at their own discretion decide whether

to provide relevant information to the Ministry of Infrastructure, regional and Kyiv city military

administrations. Unrestricted discretion creates a risk that SBGS officials may receive undue benefit for not

providing such information.

The National Agency identified 6 reasons and conditions that allow for corruption risks in the activities of

the State Border Guard Service officials:

1. Personal dishonesty and low salaries of the State Border Guard Service officials who carry out border

control.

2. Lack of authority of the State Border Guard Service to check information on military registration of

persons of military age when they cross the state border in territorial centres of recruitment and social

support.

Currently, no regulatory acts or internal documents of the State Border Guard Service provide for

mechanisms of interaction between State Border Guard Service officials and territorial recruitment and

social support centres to verify such information.

A o di g to the isk p ofile No. З_

_ _U Illegal C ossi g of the State Bo de

Citize s Lia le fo

Milita Se i e app o ed

by the Order of the Administration of the State Border Guard Service of Ukraine

No.

h dated Ap il ,

as a e ded , e ifi atio of do u e ts o

ilita egist atio o

unfitness for military service can be carried out in cooperation with territorial recruitment and social

support centres (together with other operational units) only during the second-line control procedure in

case of triggering of risk profile indicators.

3. Lack of separate internal procedures or instructions of the State Border Guard Service on controlling the

crossing of the state border of Ukraine by persons liable for military service under martial law.

4. Non-transparent rules for crossing the state border. The current legislation of Ukraine does not provide

for an exclusive list of documents confirming the right of men aged 18 to 60 to leave Ukraine. The lists of

documents and requirements for them contained in the explanations published on the official website of

the State Border Guard Service are not consistent with the Rules No. 57, are not clear and do not provide

comprehensive answers to questions that arise in practice during control at border crossing points. This

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allows officials of the State Border Guard Service to interpret the requirements for documents at their own

discretion and require additional documents.

5. Lack of access of the State Border Guard Service officials to the Unified State Register of Conscripts,

Persons Liable for Military Service and Reservists, as well as the possibility of using the information

contained therein in the course of controlling the crossing of the state border of Ukraine by persons liable

for military service

6. The list of information on male persons aged 18 to 60 who cross the state border, which is entered into

the Arkan information system, administered by the State Border Guard Service, does not include

information on the grounds for departure and supporting documents, as well as the date of return to

Ukraine and the duration of stay abroad. There are no clear requirements for such information for the

period of martial law.

RISK 5

Abuse of influence, extortion and receipt of undue advantage by military personnel of territorial

recruitment and social support centres (hereinafter referred to as TRCs and SSCs) for issuing, assisting in

issuing or forging military registration and other documents entitling men aged 18 to 60 to travel abroad.

Abuse, extortion and receipt of undue advantage by doctors of military medical commissions (hereinafter

referred to as MMCs) for issuing conclusions on temporary unfitness for military service for health

reasons or unfitness for military service with exclusion from military registration.

In accordance with clause 26 of Rules No. 57, in case of martial law, persons liable for military service who

are not subject to call-up for military service during mobilization have the right to cross the state border.

Such persons include, in particular:

1) persons who, in accordance with the conclusion of the military medical commission, are temporarily

unfit for military service for health reasons for a period of up to 6 months (with subsequent passing of the

ilita

edi al o

issio pa a. , Pa t , A ti le of the La of Uk ai e O Mo ilization

Preparation

a d Mo ilizatio ;

2) other persons liable for military service or certain categories of citizens who are not subject to call-up for

military service during mobilization in cases stipulated by law (para. 16, Part 1, Article 23 of the Law of

Uk ai e O Mo ilizatio P epa atio a d Mo ilizatio . A o di g to the e pla atio s of the State Bo de

Guard Service published on its official website, such persons are citizens who are recognized by military

medical commissions as unfit for military service for health reasons and are excluded from military

egist atio lause , Pa t , A ti le of the La of Uk ai e O Milita Dut a d Milita Se i e .

In each of the above cases, an MMC conclusion is required to cross the border.

The procedure for medical examination of conscripts, servicemen, persons liable for military service,

reserve officers and reservists is determined by the Regulation on Military Medical Examination in the

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Armed Forces of Ukraine approved by Order of the Ministry of Defence of Ukraine No. 402 dated August

14, 2008.

I a o da e ith the p o isio s of this Regulatio , as ell as the La of Uk ai e O Mo ilizatio

P epa atio a d Mo ilizatio a d the La of Uk ai e " O Milita Dut a d Milita Se i e" , edi

examination is conducted by the decision of the head of the TRC and SSC. In turn, the decisions made by

the MMC affect the military registration of conscripts, persons liable for military service and reservists,

which is carried out by the TRC and SSC.

The constant interaction of the TRC and SSC with the MMC leads to the emergence of strong official and

personal ties between TRC and SSC servicemen and doctors of medical institutions, which, in the context of

increased demand for documents for traveling abroad and avoiding mobilization, contributes to corruption

risks. Law enforcement agencies systematically expose corruption schemes and channels for redirecting

men of military age across the state border, organized by TRC and SSC servicemen in cooperation with

MMC doctors.

FOR EXAMPLE:

1. Under the procedural supervision of the Volyn Specialized Prosecutor's Office in the Military and Defence

Sphere of the Western Region, a senior lieutenant of the Kovel District TRC and SSC and a former

serviceman of the same centre were served a notice of suspicion of abuse of influence and illegal

transportation of persons across the state border of Ukraine.

According to the investigation, the offenders provided the recruit with a fake MMC certificate and a

temporary

e tifi ate of a pe so lia le fo ilita se i e. The offe de s esti ated thei se i es at USD

6.2 thousand.

According to the Specialized Prosecutor's Office in the Military and Defence Sphere of the Western Region,

this is the fourth case of exposing unscrupulous military personnel of the Volyn Regional Territorial Centre

for Recruitment and Social Support since the beginning of the year.

2. According to the Security Service of Ukraine dated August 29, 2022, in Kyiv, the activities of a criminal

group, whose members were current TRC and SSC employees, lawyers and doctors, were terminated. For

USD 12 thousand, they produced a full package of fictitious documents that allowed persons evading

mobilization to cross the state border of Ukraine without hindrance.

3. On August 31, 2022, under the procedural guidance of prosecutors of the Cherkasy Specialized

Prosecutor's Office in the Military and Defence Sphere of the Central Region, a serviceman of one of the

district TRC and SSC of Cherkasy region was detained. According to the investigation, the serviceman

received an undue benefit in the amount of USD 10 thousand for influencing the decision to register a

citizen of Ukraine for military service, declare him unfit for military service for health reasons and issue a

certificate that would give him the right to travel abroad during martial law.

In addition to the risks associated with issuing documents on temporary unfitness for military service or

deregistration for health reasons, TRC and SSC servicemen may demand and receive undue benefits for

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issuing documents granting the right to travel abroad to students of foreign higher education institutions

and sailors.

The National Agency has identified 10 causes and conditions that allow for the above-mentioned

corruption risks:

1. Strong official and personal ties of TRC and SSC managers with MMC doctors.

2. Closed and non-transparent activities of MMC in terms of document flow and decision-making.

3. Lack of electronic document management systems and electronic interaction with state authorities, in

particular, the State Border Guard Service and the MMC.

4. Ineffective and incomplete functioning of the Unified State Register of Conscripts, Persons Liable for

Military Service and Reservists. Despite the fact that the work on the implementation of such a register was

launched in 2017, as of 2022, it is not a fully functioning tool, and the progress in its development,

according to the interviewed representatives of the Ministry of Defence, some TRCs and SSCs, is

unsatisfactory.

5. Ineffective control over the activities of the TRC and SSC and MMC.

6. Legally limited possibilities to bring MMC doctors to criminal liability for forging conclusions, as MMC

decisions are made collectively.

7. Lack of a common official position of the Ministry of Defence or the General Staff and the State Border

Guard Service on the list of documents, their forms and requirements for their content, which are issued by

the TRC and SSC and give the right to cross the state border.

8. Unregulated in the legal acts the procedure and terms of obtaining certificates from the TRC and SSC for

traveling abroad, as well as the permission of the TRC and SSC to leave the seafarer's place of residence,

which are required in accordance with Rules No. 57 for crossing the state border.

. Li ited hou s of e eptio of itize s at TRC a d SSC a d a li e

ueue fo e eptio .

As a rule, appointments are made only 2 days a week. Restrictions on reception hours lead to queues and

the inability to promptly resolve the issue with which a person applies. Often, a person cannot receive a

document or resolve an issue in one day, which leads to the need to spend additional time and resources

on TRC and SSC. Such conditions lead to tension, discomfort, anxiety, a desire to find alternative ways to

resolve the issue and create a psychologically favourable environment for corruption risks.

10. Personal contact with TRC and SSC employees is mandatory. In accordance with clause 56 of the

Procedure for Organizing and Maintaining Military Registration of Conscripts and Persons Liable for Military

Service approved by the Resolution of the Cabinet of Ministers of Ukraine No. 921 dated December 7, 2016,

registration, removal and exclusion from military registration of conscripts and persons liable for military

service in district (city) TRCs and SSCs is carried out in their personal presence. Personal contact of citizens

with employees of TRC and SSC, on whom the resolution of issues directly depends, together with other

reasons and conditions, is one of the sources of corruption risks.

RISKS 6

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Abuse of office, influence, extortion and receipt of unlawful demands in the interests of their own or

third parties by officials of military administrations, local governments, chairmen and members of

disability determination services (hereinafter referred to as DDSs), as well as officials and doctors of

medical institutions for issuing forged documents, in particular, certificates to the DDS examination

report on the establishment of a disability group for persons liable for military service.

In accordance with clause 21 of Rules No. 57, in case of martial law on the territory of Ukraine, persons

with disabilities have the right to cross the state border if they have supporting documents. One of these

documents is a certificate to the act of examination by the medical and social expert commission (form of

primary accounting documentation No. 157-

/о .

The procedure for considering the issue of determining a disability group, the composition and powers of

medical and social expert commissions, and the procedure for appealing their decisions are established by

the Regulation on Medical and Social Expertise, approved by Resolution No. 1317 of the Cabinet of

Ministers of Ukraine on December 3, 2009, and the Instruction No. 561 on Determining Disability Groups

approved by the Ministry of Health on September 05, 2011. The shortcomings and gaps in these legal acts,

which provide the head of the DDS with excessive discretion and opportunities to manipulate the timing

and procedure, and the shortcomings of the system and procedure for applying medical criteria for

establishing disability are among many other reasons for the existence of persistent corrupt practices in the

issue of disability determination. The restriction on men's right to travel abroad has created additional

favourable conditions for the spread of such practices. For example, law enforcement agencies have

uncovered numerous channels of illegal trafficking of men abroad with the help of corruptly forged

certificates to the DDS inspection reports on the establishment of a disability group. At the same time,

officials of the State Border Guard Service may refuse to cross the state border if they find obvious signs of

document forgery. However, in the absence of special tools for verifying the accuracy of information about

a person's disability, such as a register of persons with disabilities, a person liable for military service may

be allowed to travel abroad based on an illegally obtained document

EXAMPLE OF A DETECTED AND STOPPED SCHEME:

Se u it Se i e of Uk ai e offi e s e posed pe so s ho helped pe sons

liable for military service to

leave Ukraine using forged documents confirming their unfitness for military service. The scheme was

organized by the head of one of the district social protection departments of the Department of

Humanitarian Policy of Lviv City Council, and her accomplices were employees of a medical institution. In

exchange for USD 1.3 thousand, the official guaranteed the production of certificates included in the DDS

examination report on the disability group. It should also be noted

that se i es fo o ga izi g the

depa tu e of e a oad ith the help of fo ged e tifi ates to the DDS e a i atio epo t is o e of the

ost o

o illegal s he es ad e tised i the pu li do ai o the I te et a d Teleg a ha els. I

addition to the individual dishonesty of state and local government officials and DDS members, the

National Agency has identified 9 other causes and conditions that contribute to the risk:

1. Shortcomings and gaps in the regulatory framework for the procedures of the DDS.

2. Excessive, often unreasonable, discretionary powers of the Head of the DDS.

3. Shortcomings in the system and procedure for applying medical criteria for determining disability.

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4. Insecurity of document flow from forgery and destruction.

5. Closed and non-transparent activities of the DDS in terms of document flow and decision-making.

6. Personal contact between patients and DDS members in the process of preparation and completion of

the procedure.

7. Imperfection of internal control procedures for DDS decisions.

8. Formation of networks of corruption at the regional or sectoral level, in particular on the basis of existing

formal institutional and functional interactions between doctors, DDS and other bodies, which create

prerequisites for influencing the decision to refer to DDS.

9. Dependence of the head and members of the DDS on individual officials of other DDS (due to

administrative subordination and the possibility of abuse of control powers, etc.)

RISK 7

Abuse, extortion and receipt of unlawful demands in the interests of their own or third parties by

officials of military administrations for granting unimpeded permission to travel to the temporarily

occupied territory of Ukrai e crossi g the de arcatio li e .

One of the schemes of traveling abroad for men liable for military service, which allows to circumvent the

requirements set forth in Rules No. 57 and is implemented outside the official checkpoints across the state

o de of Uk ai e, is ossi g the de a atio li e o the

territory of Zaporizhzhia region, in particular.

Afte lea i g fo the te po a il o upied te ito a d passi g th ough filt atio p o edu es o ga ized

by the military of the Russian Federation (or outside such procedures), citizens of Ukraine liable for military

service leave for the European Union or in another direction through the territory of the Russian

Federation, Georgia, and Belarus. The legal basis for the implementation of such a scheme, entry and

departure of Ukrainian citizens to the uncontrolled territory under martial law is the provisions of clause 6,

A ti le of the La of Uk ai e O the Legal Regi e of Ma tial La , the P o edu e fo Esta lishi g a

Special Regime of Entry and Departure, Restriction of Freedom of Movement of Citizens, Foreigners and

Stateless Persons, as well as Vehicle Movement in Ukraine or in Certain Areas of Ukraine where Martial Law

has ee I t odu ed app o ed Resolutio of the Ca i et of Mi iste s of Uk ai e No.

dated

December 29, 2021, as well as the procedures established by regional military administrations and military

commandant's offices. Based on these regulations, upon individual applications from civilians, military

ad i ist atio s g a t the ight to oss the de a atio li e , i pa ti ula ,

to provide humanitarian

assistance to protect civilians in the temporarily occupied territory. Departure permits are also allowed for

the o e e t of pe so al elo gi gs. The e is a a ket fo the sale of pe its fo ilita

e to t a el

freely to uncontrolled territory for undue gain. Participants in the schemes are usually officials of military

administrations. For example, on August 27, 2022, the Office of the Prosecutor General reported exposing a

corruption scheme for citizens to cross the demarcation line in Zaporizhzhia. According to the investigation,

t o i di iduals e to ted illegal o e f o itize s fo a ui k a d positi e o side atio of appli atio s

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to travel to the uncontrolled territory of Ukraine. They were supposed to transfer part of the money they

received to government officials. The price for unimpeded crossing of the demarcation line was from USD

500 to 1500 for one person, and from USD 700 for a vehicle.

Causes and conditions that contribute to the risk include the following:

1. Personal dishonesty of officials of military administrations.

2. Closed and non-transparent procedure for granting travel permits.

3. Insufficient external control over the activities of military administration officials.

4. Lack of responsibility of civilians for not returning to the territory controlled by Ukraine after crossing

the de a atio li e .

. I fo atio a out pe so s ossi g the de a atio li e a d pe so s ho ha e ot g a ted

permission is not systematized or analysed. Electronic registers on this issue have not been implemented.

. Lo al la e fo e e t age ies

e o pli it i su h s he es a d

o e the .

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Annex 3: Translation of annex to NACP Report

382

BACKGROUND INFORMATION

ON THE CATEGORIES OF PERSONS LIABLE FOR MILITARY SERVICE WHO ARE ALLOWED TO TRAVEL

OUTSIDE UKRAINE DURING MARTIAL LAW

Source:

Ukraine, National Agency on Corruption Prevention of Ukraine,

Corruption schemes and risks related to

leaving the country during martial law [in Ukrainian],

October 2022,

https://nazk.gov.ua/wp-

content/uploads/2022/10/Koruptsiy-ni_shemy_ta_ryzyky_pid_chas_vyi-zdu_z_Ukrai-ny_v_umovah.pdf

No.

Categories of persons

Person with a disability

(regardless of a group)

Documents or information required to travel outside

Ukraine

Documents confirming disability:

Ground

item 2 of para. 2

of Rules No. 57

A certificate to the act of examination by the medical and

social expert commission (form of primary accounting Explanation of

documentation No. 157-1/о),

the State Tax

Service of

Ukraine

A certificate confirming the relevant status,

A pension certificate or a certificate confirming the

appointment of social assistance in accordance with the

laws of Ukraine on State Social Assistance to Persons

with Disabilities Since Childhood and Disabled Children,

on State Social Assistance to Persons Not Entitled to

Pensions and Persons with Disabilities, indicating the

group and cause of disability,

A certificate for receiving benefits by persons with

disabilities who are not entitled to a pension or social

assistance in the form approved by the Ministry of Social

Policy

A person who has a

When accompanying a person with a disability traveling items 3 and 12 of

spouse with a disability

outside Ukraine:

para. 2

of Rules

No. 57

Documents confirming kinship (notarized copies thereof)

and

Documents confirming disability.

Ukraine, National Agency on Corruption Prevention,

Ко уп

е т

пд

ду Ук

у о

оє о о т у

[Corruption schemes and risks related to leaving the country

during martial law],

October 2022,

https://nazk.gov.ua/wp-content/uploads/2022/10/Koruptsiy-

ni_shemy_ta_ryzyky_pid_chas_vyi-zdu_z_Ukrai-ny_v_umovah.pdf,

p. 88-119

382

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To travel outside Ukraine on his/her own:

Certificate of registration of a person with a disability

(spouse) in the consular registry and the above

documents (notarized copies thereof)

A person whose parents or When accompanying a person with a disability traveling items 4 and 12 of

whose spouse’s parents

outside Ukraine:

para. 2

of Rules

are the persons with

No. 57

Documents confirming kinship (notarized copies

disabilities of group I or II

thereof), and

Documents confirming the disability (notarized copies

thereof), and

Documents confirming the sharing of a household

(where their declared or registered place of residence

(stay) coincides with the declared or registered place of

residence (stay) of their parents or their spouse’s

parents), or caring for their parents or their spouse’s

parents, which is confirmed by a certificate establishing

the fact of caring for one of their parents or their

spouse’s parents, or documents (certificates) on receipt

of compensation (assistance, allowance) for care).

To travel outside Ukraine on his/her own:

A certificate of registration of one of his/her parents or

his/her spouse’s parents as persons with disabilities of

group I or II in the consular registry and the above

documents (notarized copies thereof)

A person providing

When accompanying a person with a disability traveling items. 5 and 12

permanent care for a

outside Ukraine:

of para. 2

person with a disability of

Rules No. 57

Documents (certificates) on receipt of compensation

group I or II

(assistance, allowance) for care

Documents confirming the disability and a certificate of

establishing the fact of care.

To travel outside Ukraine on his/her own:

A certificate of registration of a person with a disability

of group I or II in the consular registry and the above

documents (notarized copies thereof)

Parents raising a disabled When accompanying a disabled child under the age of 18 items 6 and 12 of

child under the age of 18

traveling outside Ukraine:

para. 2

of Rules

No. 57

The child's birth certificate and

A certificate confirming the appointment of social

assistance in accordance with the Law of Ukraine on

State Social Assistance to Persons with Disabilities Since

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Childhood and Disabled Children, indicating the status

of a "disabled child" (a notarized copy thereof), or

A certificate of receipt of state social assistance for

disabled children issued by a unit for social protection of

the population of a city district or state administration in

Kyiv district, an executive body of a city council whose

territory includes the territory of a city of regional

significance, a city district council (if any) (a notarized

copy thereof), or

An individual rehabilitation program for a disabled child

issued by the medical advisory commission of a health

care institution (a notarized copy thereof),

A medical report on a disabled child under the age of 18

(a notarized copy thereof).

To travel outside Ukraine on his/her own:

A certificate of registration of a disabled child under the

age of 18 and the above documents (notarized copies

thereof)

Guardians raising a

disabled child under the

age of 18

When accompanying a disabled child traveling outside items 6 and 12 of

Ukraine:

para. 2

of Rules

No. 57

Documents confirming the relevant powers of the person

accompanying the disabled child, and

A certificate confirming the appointment of social

assistance in accordance with the Law of Ukraine on

State Social Assistance to Persons with Disabilities Since

Childhood and Disabled Children, indicating the status

of "a disabled child" (a notarized copy thereof),

A certificate of receipt of state social assistance for

disabled children issued by a unit for social protection of

the population of a city district or state administration in

Kyiv district, an executive body of a city council whose

territory includes the territory of a city of regional

significance, a city district council (if any) (a notarized

copy thereof),

An individual rehabilitation program for a disabled child

issued by the medical advisory commission of a health

care institution (a notarized copy thereof),

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A medical report on a disabled child under the age of 18

(a notarized copy thereof).

To travel outside Ukraine on his/her own:

A certificate of registration of a disabled child under the

age of 18 in the consular registry and the above

documents (notarized copies thereof)

Foster parents raising a

disabled child under the

age of 18

When accompanying a disabled child traveling outside items 6 and 12 of

Ukraine:

para. 2

of Rules

No. 57

Documents confirming the relevant powers of the person

accompanying the disabled child, and

A certificate confirming the appointment of social

assistance in accordance with the Law of Ukraine on

State Social Assistance to Persons with Disabilities Since

Childhood and Disabled Children, indicating the status

of "a disabled child" (a notarized copy thereof),

A certificate of receipt of state social assistance for

disabled children issued by a unit for social protection of

the population of a city district or state administration in

Kyiv district, an executive body of a city council whose

territory includes the territory of a city of regional

significance, a city district council (if any) (a notarized

copy thereof),

An individual rehabilitation program for a disabled child

issued by the medical advisory commission of a health

care institution (a notarized copy thereof),

A medical report on a disabled child under the age of 18

(a notarized copy thereof).

To travel outside Ukraine on his/her own:

A certificate of registration of a disabled child under the

age of 18 in the consular registry and the above

documents (notarized copies thereof)

Parents-caregivers raising When accompanying a disabled child traveling outside items 6 and 12 of

a disabled child under the

Ukraine:

para. 2

of Rules

age of 18

No. 57

Documents confirming the relevant powers of the person

accompanying the disabled child, and

A certificate confirming the appointment of social

assistance in accordance with the Law of Ukraine on

State Social Assistance to Persons with Disabilities Since

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Childhood and Disabled Children, indicating the status

of "a disabled child" (a notarized copy thereof),

A certificate of receipt of state social assistance for

disabled children issued by a unit for social protection of

the population of a city district or state administration in

Kyiv district, an executive body of a city council whose

territory includes the territory of a city of regional

significance, a city district council (if any) (a notarized

copy thereof),

An individual rehabilitation program for a disabled child

issued by the medical advisory commission of a health

care institution (a notarized copy thereof),

A medical report on a disabled child under the age of 18

(a notarized copy thereof).

To travel outside Ukraine on his/her own:

A certificate of registration of a disabled child under the

age of 18 in the consular registry and the above

documents (notarized copies thereof)

Parents with a dependent When accompanying an adult child who is a person with items 7 and 12 of

adult child who is a

a disability of group I or II traveling abroad:

para. 2

of Rules

person with a disability of

No. 57

Birth certificate of an adult child who is a person with a

group I or II

disability of group I or II, and

Documents confirming the disability (notarized copies

thereof).

To travel outside Ukraine on his/her own:

A certificate of registration of an adult child who is a

person with a disability of group I or II in the consular

registry and the above documents (notarized copies

thereof)

Grandparents

When accompanying a disabled child traveling outside Item 8 of para. 2

accompanying disabled

Ukraine:

of Rules No. 57

children traveling outside

Ukraine, if they belong to Documents confirming that the person belongs to the

category of persons who are not subject to military

the category of persons

service during mobilization,

not subject to military

service during

and

mobilization

Documents confirming kinship (notarized copies thereof)

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An adult brother (sister) When accompanying a disabled child traveling outside Item 8 of para. 2

who accompanies

Ukraine:

of Rules No. 57

disabled children traveling

Documents confirming that the person belongs to the

outside Ukraine, if they

category of persons who are not subject to military

belong to the category of

service during mobilization,

persons not subject to

military service during

and

mobilization

Documents confirming kinship (notarized copies thereof)

12 A stepfather (stepmother) When accompanying a disabled child traveling outside Item 8 of para. 2

who accompanies

Ukraine:

of Rules No. 57

disabled children traveling

Documents confirming that the person belongs to the

outside Ukraine, if they

category of persons who are not subject to military

belong to the category of

service during mobilization,

persons not subject to

military service during

and

mobilization

Documents confirming kinship (notarized copies thereof)

Persons in need of

constant care

Accompanied by one of the family members of the first Item 9 of para. 2

degree of kinship (within the meaning of

sub-paragraph

of Rules No. 57

14.1.263

of paragraph 14.1 of Article 14 of the Tax

Code of Ukraine):

Documents confirming family ties,

and

The conclusion of the medical advisory commission of

the health care institution on the need for constant third-

party care.

Accompanied by a person who provides constant care for

persons requiring constant care:

Documents (certificates) on receipt of compensation

(assistance, allowance) for care

Conclusion of the medical advisory commission of the

healthcare institution on the need for a permanent third-

party care

and

A certificate establishing the fact of care

When accompanying a person who needs constant care Items 9 and 12 of

traveling abroad:

para. 2

of Rules

No. 57

Documents confirming family ties,

sub-paragraph 14.1.263

of paragraph 14.1 of

and

Article 14 of the Tax

Code of Ukraine) of

Family members of the

first degree of kinship

(within the meaning of

155

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persons in need of

constant care

The conclusion of the medical advisory commission of

the health care institution on the need for constant third-

party care.

To travel outside Ukraine on his/her own:

A certificate of registration of a person in need of

permanent care in the consular registry and the above

documents (notarized copies thereof)

Persons providing

permanent care for

persons requiring

permanent care

When accompanying a person who needs constant care Items 9 and 12 of

traveling abroad:

para. 2

of Rules

No. 57

Documents (certificates) on receipt of compensation

(assistance, allowance) for care or

Opinion of the medical advisory commission of the

health care institution on the need for constant third-

party care

and

A certificate of establishing the fact of care.

To travel outside Ukraine on his/her own:

A certificate of registration of a person in need of

permanent care in the consular registry and the above

documents (notarized copies thereof)

16 Guardians of persons with

When accompanying a person with a disability

Items 10 and 12

disabilities recognized by recognized by a court as incapacitated traveling outside of para. 2

the court as incapacitated

Ukraine:

Rules No. 57

A decision on the appointment of a guardian over a

person with a disability recognized by a court as

incapacitated.

To travel outside Ukraine on his/her own:

A certificate of registration of a person with a disability

recognized by a court as incapacitated in the consular

registry and the above documents (notarized copies

thereof)

Adult family members of

When the guardian accompanies a person with a

Items 10 and 12

the first or second degree disability recognized by a court as incapacitated traveling of para. 2

of kinship (as defined in

outside Ukraine:

Rules No. 57

sub-paragraph

14.1 of

Documents confirming family ties,

paragraph 14 of the Tax

Code of Ukraine) of

and

persons with disabilities

recognized by the court as Documents confirming the disability (notarized copies

thereof).

incapacitated, in case of

failure to appoint a

To travel outside Ukraine on his/her own:

guardian to a person with

156

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disabilities recognized by A certificate of registration of a person with a disability

the court as incapacitated recognized by a court as incapacitated in the consular

registry and the above documents (notarized copies

thereof)

Persons with disabilities

If accompanied by employees of the care facility

Item 11 of para.

or other persons in need authorized by the director of the care facility or his/her 2

of Rules No.

of constant care who live

substitute:

(stay) in institutions

An order of the director of a care facility or his/her

regardless of their form of

substitute on the departure of persons with disabilities or

ownership and

subordination and receive other persons in need of constant care outside Ukraine

social services for

and

inpatient care, palliative

Documents confirming disability

care or supported living

Employees of care

When accompanying a person with a disability or

Items 11 and 14

facilities, regardless of the another person in need of constant care traveling outside of para. 2

form of ownership,

Ukraine, at the rate of one person per 25 persons with

Rules No. 57

authorized by the director disabilities and other persons in need of constant care:

of the care facility or

Order of the director of a care facility or his/her

his/her substitute, who

provide social services for substitute on the departure of persons with disabilities or

inpatient care, palliative other persons in need of constant care outside of Ukraine

care or supported living,

and

accompanying persons

Documents confirming disability.

with disabilities or other

persons in need of

To travel outside Ukraine on his/her own:

constant care and residing

in such institutions,

An order of the director of the care facility or his/her

provided that the

substitute on the rotation of accompanying persons from

employees of the

among the employees of the care facility, taking into

institutions are registered account the requirements for accompanying persons

with the territorial centers established in sub-para. 11 para. 2

of Rules No. 57

of recruitment and social

support, the SSU Central

Office or regional bodies,

and units of the Foreign

Intelligence Service

20 Father (mother) of a child When accompanying a child traveling outside Ukraine: Para. 2

of Rules

with severe perinatal

No. 57

nervous system disorders, A document issued by the medical advisory commission

Explanation of

of a healthcare institution in accordance with the

severe congenital

procedure and in the form established by the Ministry of the SBGSU

malformations, rare

Health,

orphan diseases,

oncological,

oncohematological

diseases, cerebral palsy, A certificate of receipt of state aid for a child suffering

severe mental disorders, from severe perinatal nervous system disorders, severe

type I diabetes mellitus

congenital malformations, rare orphan diseases,

(insulin-dependent), acute oncological, oncohematological diseases, cerebral palsy,

or chronic kidney disease severe mental disorders, type I diabetes mellitus (insulin-

of grade IV, or a child

dependent), acute or chronic kidney disease of the IV

157

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who has been seriously

injured, needs an organ

transplant or palliative

care

degree, or for a child who has suffered a serious injury,

needs an organ transplant or palliative care, who has not

been diagnosed with a disability issued by a unit for

social protection of the population of the city district,

district in Kyiv state administration, the executive body

of the city council, the territory of the territorial

community of which includes the territory of the city of

regional significance, the district council in the city (if

any) (regardless of who is appointed as the assistance

beneficiary)

and

Documents confirming family ties.

To travel outside Ukraine on his/her own:

A certificate of the sick child's registration in the

consular registry and the above documents (notarized

copies thereof)

21 A guardian of a child with When accompanying a child traveling outside Ukraine: Para. 2

of Rules

severe perinatal nervous

No. 57

A document issued by the medical advisory commission

system disorders, severe

of a healthcare institution in accordance with the

Explanation of

congenital malformations,

rare orphan diseases, procedure and in the form established by the Ministry of the SBGSU

Health,

oncological,

oncohematological

diseases, cerebral palsy,

severe mental disorders, A certificate of receipt of state aid for a child suffering

type I diabetes mellitus from severe perinatal nervous system disorders, severe

congenital malformations, rare orphan diseases,

(insulin-dependent), acute

or chronic kidney disease oncological, oncohematological diseases, cerebral palsy,

of grade IV, or a child severe mental disorders, type I diabetes mellitus (insulin-

dependent), acute or chronic kidney disease of the IV

who has been seriously

injured, needs an organ degree, or for a child who has suffered a serious injury,

transplant or palliative needs an organ transplant or palliative care, who has not

been diagnosed with a disability issued by a unit for

care

social protection of the population of the city district,

district in Kyiv state administration, the executive body

of the city council, the territory of the territorial

community of which includes the territory of the city of

regional significance, the district council in the city (if

any) (regardless of who is appointed as the assistance

beneficiary)

and

Documents confirming relevant powers of a person

accompanying the sick child.

To travel outside Ukraine on his/her own:

158

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A certificate of the sick child's registration in the

consular registry and the above documents (notarized

copies thereof)

A caregiver of a child

When accompanying a child traveling outside Ukraine: Para. 2

of Rules

with severe perinatal

No. 57

A document issued by the medical advisory commission

nervous system disorders,

of a healthcare institution in accordance with the

Explanation of

severe congenital

procedure and in the form established by the Ministry of the SBGSU

malformations, rare

Health,

orphan diseases,

oncological,

oncohematological

diseases, cerebral palsy, A certificate of receipt of state aid for a child suffering

severe mental disorders, from severe perinatal nervous system disorders, severe

congenital malformations, rare orphan diseases,

type I diabetes mellitus

(insulin-dependent), acute oncological, oncohematological diseases, cerebral palsy,

or chronic kidney disease severe mental disorders, type I diabetes mellitus (insulin-

dependent), acute or chronic kidney disease of the IV

of grade IV, or a child

who has been seriously degree, or for a child who has suffered a serious injury,

injured, needs an organ needs an organ transplant or palliative care, who has not

been diagnosed with a disability issued by a unit for

transplant or palliative

social protection of the population of the city district,

care

district in Kyiv state administration, the executive body

of the city council, the territory of the territorial

community of which includes the territory of the city of

regional significance, the district council in the city (if

any) (regardless of who is appointed as the assistance

beneficiary)

and

Documents confirming relevant powers of a person

accompanying the sick child.

To travel outside Ukraine on his/her own:

A certificate of the sick child's registration in the

consular registry and the above documents (notarized

copies thereof)

Foster parents of a child When accompanying a child traveling outside Ukraine: Para. 2

of Rules

with severe perinatal

No. 57

A document issued by the medical advisory commission

nervous system disorders,

of a healthcare institution in accordance with the

Explanation of

severe congenital

procedure and in the form established by the Ministry of the SBGSU

malformations, rare

Health,

orphan diseases,

oncological,

oncohematological

diseases, cerebral palsy, A certificate of receipt of state aid for a child suffering

severe mental disorders, from severe perinatal nervous system disorders, severe

congenital malformations, rare orphan diseases,

type I diabetes mellitus

(insulin-dependent), acute oncological, oncohematological diseases, cerebral palsy,

or chronic kidney disease severe mental disorders, type I diabetes mellitus (insulin-

dependent), acute or chronic kidney disease of the IV

of grade IV, or a child

who has been seriously degree, or for a child who has suffered a serious injury,

159

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injured, needs an organ

transplant or palliative

care

needs an organ transplant or palliative care, who has not

been diagnosed with a disability issued by a unit for

social protection of the population of the city district,

district in Kyiv state administration, the executive body

of the city council, the territory of the territorial

community of which includes the territory of the city of

regional significance, the district council in the city (if

any) (regardless of who is appointed as the assistance

beneficiary)

and

Documents confirming relevant powers of a person

accompanying the sick child.

To travel outside Ukraine on his/her own:

A certificate of the sick child's registration in the

consular registry and the above documents (notarized

copies thereof)

When accompanying a child traveling outside Ukraine: Para. 2

of Rules

No. 57

A document issued by the medical advisory commission

of a healthcare institution in accordance with the

Explanation of

procedure and in the form established by the Ministry of the SBGSU

Health,

A certificate of receipt of state aid for a child suffering

from severe perinatal nervous system disorders, severe

congenital malformations, rare orphan diseases,

oncological, oncohematological diseases, cerebral palsy,

Parents-caregivers of a severe mental disorders, type I diabetes mellitus (insulin-

child with severe perinatal dependent), acute or chronic kidney disease of the IV

nervous system disorders, degree, or for a child who has suffered a serious injury,

severe congenital

needs an organ transplant or palliative care, who has not

malformations, rare

been diagnosed with a disability issued by a unit for

orphan diseases,

social protection of the population of the city district,

oncological,

district in Kyiv state administration, the executive body

oncohematological

of the city council, the territory of the territorial

diseases, cerebral palsy, community of which includes the territory of the city of

severe mental disorders, regional significance, the district council in the city (if

type I diabetes mellitus

any) (regardless of who is appointed as the assistance

(insulin-dependent), acute

beneficiary)

or chronic kidney disease

and

of grade IV, or a child

who has been seriously

Documents confirming relevant powers of a person

injured, needs an organ

accompanying the sick child.

transplant or palliative

care

To travel outside Ukraine on his/her own:

160

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

A certificate of the sick child's registration in the

consular registry and the above documents (notarized

copies thereof)

When accompanying a child traveling outside Ukraine: Para. 2

of Rules

No. 57

A passport of a citizen of Ukraine or a child's birth

certificate (if there is no passport of a citizen of

Ukraine)/documents containing information about the

person on the basis of which the State Border Guard

Service will allow crossing the state border,

and

An order of the director of the institution/facility where

the children lived/stayed, or his/her substitute, to take the

children outside Ukraine,

and

A written agreement signed by the head or deputy head

of the regional military administration (certified by a

seal) on the permission for children to travel outside

Ukraine, agreed with the National Social Support

Service,

Legal representative

(authorized person) of

orphans, children

deprived of parental care,

and

who have not reached the

age of 18 and are living or Invitations of institutions, organizations of various types

enrolled in institutions of and forms of ownership authorized by the state of final

different types, ownership residence of children or local governments of such a state

and subordination for

to take actions to receive and accompany children from

round-the-clock stay

the other countries

A person authorized by

the head of the relevant

institution/his/her

substitute, or by the

guardianship and custody

authority or a regional

military administration,

accompanied by a foster

care provider who cares

for children, to

accompany children under

the age of 18 who do not

belong to the category of

orphans, children

deprived of parental care,

but who are enrolled in

institutions of various

types, forms of ownership

and subordination for a

twenty-four-hour stay,

When accompanying a child traveling outside Ukraine: Para. 2

of Rules

No. 57

A passport of a citizen of Ukraine or a child's birth

certificate (if there is no passport of a citizen of

Ukraine)/documents containing information about the

person on the basis of which the State Border Guard

Service will allow crossing the state border,

and

An order of the director of the institution/facility where

the children lived/stayed, or his/her substitute,

and

A written agreement signed by the head or deputy head

of the regional military administration (certified by a

seal) on the permission for children to travel outside

Ukraine, agreed with the National Social Support

Service,

And

161

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placed in foster care

families

A decision of the guardianship and custody authority on

the placement of a child in a foster care family and a

written agreement signed by the head or deputy head of

the regional military (military-civilian) administration

(certified by a seal) authorizing such a family or children

placed in a family foster caregiver to leave Ukraine,

indicating the state of their final stay,

and

Invitations of institutions, organizations of various types

and forms of ownership authorized by the state of final

residence of children or local governments of such a state

to take actions to receive and accompany children from

the other countries

When traveling outside Ukraine on a business trip:

Documents confirming the business trip (resolution of

the Cabinet of Ministers of Ukraine No. 440 dated

12.04.2022),

and

A certificate of deferment from military service and a

notice of registration in a special military registry (order

Para. 2

of Rules

of the Cabinet of Ministers of Ukraine No. 493-r dated

No. 57

08.08.1995)

(defining the

category of

An excerpt from the Order of the Ministry of Economy persons, but not

stipulating either

(according to paragraph 5 of the Resolution of the

the conditions

Cabinet of Ministers of Ukraine No. 194 dated

03.03.2022 on Some Issues of Reservation of Persons for departure, or

Persons reserved for the Liable for Military Service under the Legal Regime of requirements for

confirming

Martial Law).

period of mobilization and

documents)

wartime

When traveling outside Ukraine on vacation:

Clarification of

by a public authority,

Documents confirming the vacation,

the SBGSU

another government

(stipulating the

agency, by the local

and

conditions for

self-government in the A certificate of deferment from conscription and a notice departure and

manner established by the of registration in a special military registry (order of the requirements for

Cabinet of Ministers of

Cabinet of Ministers of Ukraine No. 493-r dated

supporting

Ukraine

08.08.1995)

documents)

When traveling outside Ukraine on a business trip:

Persons reserved for the An excerpt from the order of the Ministry of Economy

(according to paragraph 5 of the Resolution of the

(defining the

period of mobilization and

Cabinet of Ministers of Ukraine No. 194 dated

category of

wartime

03.03.2022)

persons, but not

by a company, institution

stipulating either

and

or organization in the

the conditions

manner established by the

for departure, or

Para. 2

of Rules

No. 57

162

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

Cabinet of Ministers of

Ukraine

Documents on a business trip abroad

requirements for

confirming

documents)

Clarification of

the SBGSU

(stipulating the

conditions for

departure and

requirements for

supporting

documents)

A person recognized in The conclusion of the military medical commission on Para. 2

of Rules

accordance with the

temporary unfitness for military service for health

No. 57

established procedure as reasons for a period of up to six months (followed by

Explanation of

temporarily unfit for

examination by the medical commission)

the SBGSU

military service for health

reasons for a period of up

to six months

Person removed

(excluded) from the

military registry

Decision of the military medical commission on

Para. 2

of Rules

unfitness for military service subject to exclusion from

No. 57

the military registry

(defining the

category of

persons, but not

stipulating the

requirements for

supporting

documents)

Clarification of

the SBGSU

(defining the

supporting

documents)

A man (woman) who has Documents confirming the maintenance of three or more Para. 2

of Rules

three or more children

children

No. 57

under the age of 18,

under the age of 18:

(defining the

including those from

category of

different marriages, as

Birth certificates of children (three or more),

persons, but not

dependents

stipulating the

requirements for

A court decision on divorce and determination of the

supporting

place of

children’s

residence with their father, or

documents)

A court decision on divorce and a decision of the

Clarification of

guardianship and custody authority determining that the

the SBGSU

children shall reside with their father,

(defining the

supporting

documents)

A certificate of the father of a large family.

163

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If the man does not share the household with his child(-

ren), evidence of the maintenance of such child(-ren),

which may have the form of:

A court decision on child (children) maintenance

and

A certificate from the executive service confirming the

absence of arrears in the payment of alimony, the

amount of such alimony, etc.

A man who is the father For traveling outside Ukraine with or without children: Para. 2

of Rules

of three or more children

No. 57

Birth certificates of children (three or more) or notarized

copies their

(defining the

category of

persons, but not

stipulating the

requirements for

supporting

documents)

Clarification of

the SBGSU

(defining the

supporting

documents)

A man (woman) who is

raising one or more

children under the age of

18 on his/her own

Birth certificate of the child (children)

and

Death certificate of the child's mother, or

Para. 2

of Rules

No. 57

(defining the

category of

A court decision depriving the mother of parental rights, persons, but not

stipulating the

requirements for

supporting

A court decision to take a child from his or her mother

documents)

without depriving him or her of parental rights, or

Clarification of

A court decision recognizing the mother as missing,

the SBGSU

(defining the

supporting

A court decision declaring the mother dead.

documents)

If a man remarries, he shall no longer be considered a

person who is raising a child under the age of 18 on his

own

A man (woman) who has

a minor child (children)

and a wife (husband) who

is performing military

duty in one of the types of

military service specified

Not defined

Para. 2

of Rules

No. 57

164

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in part six of Article 2 of

the Law of Ukraine on

Military Duty and

Military Service

People's Deputy of

Ukraine

Para. 2

of Rules

No. 57

(defining the

category of

persons, but not

stipulating the

requirements for

supporting

documents or

conditions of

departure)

Clarification of

the SBGSU

A diplomatic or official passport

(defining the

conditions of

and

departure and

Duly certified copies of documents certifying the fact of

supporting

traveling abroad on a business trip

documents)

Persons from the defense

and security forces

affected by the military

aggression of the Russian

Federation against

Ukraine

When traveling outside Ukraine for treatment abroad: Para. 2

of Rules

No. 57

Passport of a citizen of Ukraine for traveling abroad

Passport of a citizen of Ukraine

(if they are not available, documents containing

information about the person on the basis of which the

State Border Guard Service will allow crossing the state

border),

and

A conclusion on the need to refer a person for treatment

abroad,

and

A letter from the Ministry of Health on the list of persons

agreed with a foreign party whom foreign healthcare

institutions may accept for treatment abroad

Family members of the When accompanying the persons from the defense and Para. 2

of Rules

first degree of kinship security forces affected by the military aggression of the

No. 57

(within the meaning of

Russian Federation against Ukraine traveling outside

sub-paragraph 14.1.263 of

Ukraine for treatment abroad:

paragraph 14.1 of Article

Passport of a citizen of Ukraine for traveling abroad

14 of the Tax Code of

Ukraine) of persons from

165

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the defense and security

forces affected by the

Passport of a citizen of Ukraine

military aggression of the

Russian Federation

(if they are not available, documents containing

against Ukraine

information about the person on the basis of which the

State Border Guard Service will allow crossing the state

border),

and

A conclusion on the need to refer a person for treatment

abroad,

and

A letter from the Ministry of Health on the list of persons

agreed with a foreign party whom foreign healthcare

institutions may accept for treatment abroad

A driver carrying out the

A decision authorizing the drivers who carry out

Para. 2

of Rules

transportation of medical transportation for the needs of the Armed Forces, other

No. 57

goods or humanitarian aid military formations established in accordance with the

Explanation of

by motor vehicles for the

laws of Ukraine, as well as medical cargoes and

the SBGSU

needs of the Armed

humanitarian aid cargoes by road to leave Ukraine,

Forces of Ukraine, other adopted by the Ministry of Infrastructure or regional,

military formations

Kyiv city military administrations,

established in accordance

and

with the laws of Ukraine,

as well as the population If information about the person is available in Shliakh

of Ukraine

information system

Drivers of vehicles of

Para. 2

of Rules

business entities that are

No. 57

licensed to carry out

economic activities in the If information about the person is available in Shliakh Explanation of

the SBGSU

international

information system

transportation of goods

and passengers by road

transport

Employees of railway

A decision authorizing the employees of railway

transport enterprises who transport companies who ensure the functioning and

ensure the functioning and smooth operation of the railway to leave Ukraine made:

smooth operation of the

in respect of employees of Ukrainian Railways JSC and

railway

railway transport enterprises under the jurisdiction of the

Ministry of Infrastructure

–

by the Ministry of

Infrastructure;

in respect of employees of enterprises for which freight

rail transport is not the main type of activity

–

regional and Kyiv city military administrations at the

location of such enterprises

Para. 2

Rules No. 57

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41 An athlete included in the

national teams of Ukraine

in Olympic, non-Olympic

sports and sports of

persons with disabilities

in accordance with the

established procedure

42 A coach from the national

teams of Ukraine who

arranges training of

athletes included in the

national teams of Ukraine

in Olympic, non-Olympic

sports and sports of

persons with disabilities

Sports referees and

specialists providing

organizational, scientific,

methodological and

medical support, anti-

doping control over the

training of athletes

included in the national

teams of Ukraine in

Olympic, non-Olympic

sports and sports of

persons with disabilities

for participation in

sporting events held

abroad

Decision of the Ministry of Youth and Sports on the

inclusion of a person in the list of sporting event

participants

subpara. 1 of

para. 2

of Rules

No. 57

Decision of the Ministry of Youth and Sports on the

inclusion of a person in the list of sporting event

participants

subpara. 1 of

para. 2

of Rules

No. 57

Decision of the Ministry of Youth and Sports on the

inclusion of a person in the list of sporting event

participants

subpara.

1 of

para.

Rules No. 57

A letter from the

Ministry of Youth and Sports,

or in subpara. 2 of

An athlete included in the its absence

–

from the person performing its duties, to para. 2

of Rules

No. 57

teams of sports clubs of the State Border Guard Service regarding the person's

the highest divisions in participation in a sports event and crossing of the state

playing sports

border

A coach included in the

teams of sports clubs of

the highest divisions in

playing sports

A letter from the

Ministry of Youth and Sports,

or in subpara. 2 of

its absence

–

from the person performing its duties, to para. 2

of Rules

No. 57

the State Border Guard Service regarding the person's

participation in a sports event and crossing of the state

border

A letter from the

Ministry of Youth and Sports,

or in subpara. 2 of

its absence

–

from the person performing its duties, to para. 2

of Rules

No. 57

the State Border Guard Service regarding the person's

participation in a sports event and crossing of the state

border

Persons providing

organizational, scientific,

methodological or

medical support who are

included in the teams of

sports clubs of the highest

divisions in playing sports

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A letter from the

Ministry of Youth and Sports,

or in subpara. 2 of

Sports referees or

its absence

–

from the person performing its duties, to para. 2

of Rules

No. 57

arbitrators to participate in the State Border Guard Service regarding the person's

sporting events held

participation in a sports event and crossing of the state

abroad

border

A cadet of an educational

institution

–

for practical

training on ships

A seafarer's identity card,

and

A certificate from the educational institution on sending

a cadet for practical training on a ship under Ukrainian

or a foreign flag,

and

Military registration documents with relevant marks of

the district (united district), city (district in cities, united

city) territorial recruitment and social support center,

and

A permission to leave the place of residence issued by

the head of the relevant district (city) territorial center for

recruitment and social support (for persons liable for

military service and reservists of the Security Service of

Ukraine or the Foreign Intelligence Service of Ukraine

–

a permission issued by a relevant head) for presentation

to authorized officials of the State Border Guard Service

when crossing the border

Para. 2

Rules No. 57

Explanation of

the SBGSU

A person traveling to

When leaving Ukraine to work on ships as part of the

work on ships as part of crews of ships sailing to/from the seaports of Ukraine:

the crews of ships sailing

Seafarer's identity card, and

to/from the seaports of

Ukraine and who received

A role on the ship (a crew list),

the appropriate education

and

and qualifications before

24.02.2022

A confirmation from the Shipping Administration of

receipt of copies of educational and qualification

documents.

When leaving Ukraine to work on seagoing vessels on

inland navigation vessels as part of the crews of such

vessels:

A seafarer's identity card,

and

A confirmation from the Shipping Administration on

receipt of copies of educational and qualification

documents,

and

Para. 2

Rules No. 57

Explanation of

the SBGSU

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Military registration documents with relevant marks of

the district (united district), city (district in cities, united

city) territorial recruitment and social support center,

And

Employment agreement (contract) for work on a sea

vessel on inland navigation vessel

A letter from the shipowner or ship operator stating its

intention to enter into an employment agreement

(contract) with a citizen of Ukraine to work on a sea

vessel or inland navigation vessel,

and

A permission to leave the place of residence issued by

the head of the relevant district (city) territorial center for

recruitment and social support (for persons liable for

military service and reservists of the Security Service of

Ukraine or the Foreign Intelligence Service of Ukraine

–

a permission issued by a relevant head)

A graduate of an

When leaving Ukraine to work on board of ships as part

Para. 2

educational institution of the crews of ships sailing to/from Ukrainian seaports: Rules No. 57

who completed their

A seafarer's identity card,

Explanation of

studies during martial law

the SBGSU

- to work on ships

and

A role on the ship (a crew list),

and

A confirmation from the Shipping Administration of

receipt of copies of educational and qualification

documents.

When leaving Ukraine to work on seagoing vessels on

inland navigation vessels as part of the crews of such

vessels:

A seafarer's identity card,

and

A confirmation from the Shipping Administration on

receipt of copies of educational and qualification

documents,

and

Military registration documents with relevant marks of

the district (united district), city (district in cities, united

city) territorial recruitment and social support center,

And

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Employment agreement (contract) for work on a sea

vessel on inland navigation vessel or a letter from the

shipowner or ship operator stating its intention to enter

into an employment agreement (contract) with a citizen

of Ukraine to work on a sea vessel or inland navigation

vessel,

and

A permission to leave the place of residence issued by

the head of the relevant district (city) territorial center for

recruitment and social support (for persons liable for

military service and reservists of the Security Service of

Ukraine or the Foreign Intelligence Service of Ukraine

–

a permission issued by a relevant head)

A man permanently

residing abroad

If there are appropriate marks in the passport document: Explanation of

the SBGSU

- a note of the migration service in the passport

document "Permanent residence in "____"/ stamp"

Departure for permanent residence has been issued

"(country name and date);

- a note of the diplomatic mission of Ukraine in the

passport document "Permanent residence

"_______"/"Accepted for consular registration" or a

certificate of consular registration generated using the

means of the departmental information system of the

MFA

A man who has the right A relevant passport document with stamps of the State

of temporary residence in Migration Service of Ukraine "Registered the departure

a EU member state and for permanent residence" and the diplomatic mission of

who is accepted for

Ukraine "Accepted for consular registration"

temporary consular

registration abroad

A man (woman) whose

close relatives (husband,

wife, son, daughter,

father, mother,

grandfather, grandmother

or sibling (full or half)

were killed or went

missing during the

implementation of actions

to ensure national security

and defense, repulse and

deter the armed

aggression of the Russian

Federation in Donetsk and

Luhansk regions, as well

as during the

implementation of actions

to ensure national security

Not defined

Explanation of

the SBGSU

Para. 2

of Rules

No. 57

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and defense, repulse and

deter the armed

aggression against

Ukraine during martial

law

A copy of the concluded employment agreement

(contract) certified by the resident aviation entity

An agreement for simulator training concluded between

an aviation entity or an aviation personnel and an

organization located outside Ukraine,

and

A confirmation provided by the State Aviation

Administration that a person is a member of the aviation

personnel and has the appropriate certificate(s),

A person who is a

member of the aviation

and

personnel and works for

an aviation entity that is a An order of the aviation entity on the business trip of a

resident of Ukraine

person abroad

A person who is a

member of the aviation

personnel and is

employed or intends to be

employed by a non-

resident aviation entity

A copy of the concluded employment agreement

(contract) with a non-resident aviation entity,

A letter from a non-resident aviation entity stating its

intention to enter into an employment agreement

(contract),

A copy of the concluded agreement for simulator

training between the aviation personnel and the

organization located outside Ukraine,

and

Para. 2

Rules No. 57

Para. 2

Rules No. 57

A confirmation provided by the State Aviation

Administration that a person is a member of the aviation

personnel and has the appropriate certificate(s),

and

Military registration documents with relevant marks of

the district (united district), city (district in cities, united

city) territorial recruitment center and

social support,

and

A permission to leave the place of residence, issued by

the head of the relevant district (city) territorial center of

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recruitment and social support (for persons liable for

military service and reservists of the Security Service of

Ukraine or the Foreign Intelligence Service

–

permission issued by the relevant head) for presentation

to the authorized officials of the State Border Guard

Service when crossing the border

State Aviation

Order of the State Aviation Service on the business trip

Supervision Inspector and of a state aviation supervision inspector or a person

a person authorized to

authorized to conduct inspections abroad

conduct inspections of the

State Aviation Service

Employees of Ukraina

Order of the company on business trip of an employee

State Aviation Enterprise

abroad

Para. 2

Rules No. 57

Para. 2

Rules No. 57

Note: this document does not contain any legal provisions or explanations on the application of the

law and is intended for informational and reference purposes only.

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Annex 4: UNHCR written note

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Annex 5: Translated legislation

Annex 5.1: Amendments to the Code of Ukraine on Administrative Offenses,

the Criminal Code of Ukraine and Other Regulations of Ukraine

LAW OF UKRAINE

on Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine

and Other Regulations of Ukraine on the Peculiarities of Military Service During Martial Law or in

Combat Situations

The Verkhovna Rada of Ukraine hereby

r e s o l v e s

as follows:

I. To amend the following legislative acts of Ukraine:

1. In the

Code of Administrative Offenses of Ukraine

(Vidomosti Verkhovnoi Rady USSR, 1984, Annex to No. 51,

Art. 1122):

1) in

part one

of Article 32

-1

, replace the words "up to ten days" with the words "up to fifteen days";

2) in

Article 172

-10

in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to five hundred" and the words "up to seven days" with the words "up to ten days";

in part two:

the first paragraph shall be supplemented with the words "except for martial law";

in the second paragraph, replace the words "from one hundred forty-five to two hundred and eighty-five" with the

words "from five hundred to one thousand" and the words "from seven to ten days" with the words "from ten to fifteen

days";

3) in

Article 172

-11

in the second paragraph of part one, replace the words "up to five days" with the words "up to ten days";

in the second paragraph of part two, replace the words "up to ten days" with the words "up to fifteen days";

in the second paragraph of part three, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from five hundred to one thousand", and the words "up to seven days" shall be replaced with the words "up to

ten days";

in part four:

the first paragraph shall be supplemented with the words "except for martial law";

in the second paragraph, replace the words "from one hundred forty-five to two hundred and eighty-five" with the

words "from one to two thousand" and the words "from seven to ten days" with the words "from ten to fifteen days";

4) in

Article 172

-12

in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to one thousand" and the words "up to seven days" with the words "up to ten days";

in the second paragraph of part two, the words "from one hundred forty-five to two hundred and eighty-five" shall

be replaced with the words "from one to two thousand", and the words "from seven to ten days" shall be replaced with

the words "from ten to fifteen days";

5) in

Article 172

-13

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in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to one thousand" and the words "up to seven days" with the words "up to ten days";

in part two:

the first paragraph shall be supplemented with the words "except for martial law";

in the second paragraph, the words "from one hundred forty-five to two hundred and eighty-five" shall be replaced

with the words "from one thousand to two thousand", and the words "from seven to ten days" shall be replaced with the

words "from ten to fifteen days";

6) in

Article 172

-14

in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to one thousand" and the words "up to seven days" with the words "up to ten days";

in the second paragraph of part two, the words "from one hundred forty-five to two hundred and eighty-five" shall

be replaced with the words "from one to two thousand", and the words "from seven to ten days" shall be replaced with

the words "from ten to fifteen days";

7) in

Article 172

-15

in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to one thousand" and the words "up to seven days" with the words "up to ten days";

in the second paragraph of part two, the words "from one hundred forty-five to two hundred and eighty-five" shall

be replaced with the words "from one to two thousand", and the words "from seven to ten days" shall be replaced with

the words "from ten to fifteen days";

8) in

Article 172

-16

in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to one thousand" and the words "up to seven days" with the words "up to ten days";

in the second paragraph of part two, the words "from one hundred forty-five to two hundred and eighty-five" shall

be replaced with the words "from one to two thousand", and the words "from seven to ten days" shall be replaced with

the words "from ten to fifteen days";

9) in

Article 172

-17

in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to one thousand" and the words "up to seven days" with the words "up to ten days";

in the second paragraph of part two, the words "from one hundred forty-five to two hundred and eighty-five" shall

be replaced with the words "from one to two thousand", and the words "from seven to ten days" shall be replaced with

the words "from ten to fifteen days";

10) in

Article 172

-18

in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to one thousand" and the words "up to seven days" with the words "up to ten days";

in the second paragraph of part two, the words "from one hundred forty-five to two hundred and eighty-five" shall

be replaced with the words "from one to two thousand", and the words "from seven to ten days" shall be replaced with

the words "from ten to fifteen days";

11) in

Article 172

-19

in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to one thousand" and the words "up to seven days" with the words "up to ten days";

in the second paragraph of part two, the words "from one hundred forty-five to two hundred and eighty-five" shall

be replaced with the words "from one to two thousand", and the words "from seven to ten days" shall be replaced with

the words "from ten to fifteen days";

12) in

Article 172

-20

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in the second paragraph of part one, the words "from seventy to one hundred and forty-five" shall be replaced with

the words "from one hundred to five hundred" and the words "up to five days" with the words "up to seven days";

in the second paragraph of part two, the words "from one hundred forty-five to two hundred and fifteen" shall be

replaced with the words "from five hundred to one thousand", and the words "from five to seven days" shall be replaced

with the words "up to ten days";

in the second paragraph of part three, the words "from two hundred and fifteen to two hundred and eighty-five"

shall be replaced with the words "from one to two thousand", and the words "from seven to ten days" shall be replaced

with the words "from ten to fifteen days";

[..]

2. In the

Criminal Code of Ukraine

(Vidomosti Verkhovnoi Rady Ukrayiny, 2001, No. 25-26, p. 131):

part one

of Article 69, after the words "criminal offense related to corruption", shall be supplemented with the

words and figures "criminal offense under Articles 403, 405, 407, 408, 429 of this Code committed during martial law or

in a combat situation";

part one

of Article 75, after the words "criminal offense related to corruption", shall be supplemented with the

words and figures "criminal offense under Articles 403, 405, 407, 408, 429 of this Code committed during martial law or

in a combat situation";

3) in the

second paragraph

of part three of Article 403, replace the words "from three to seven" with the words "from

five to eight";

4) the

first paragraph

of part five of Article 407 shall be set forth in the following wording:

"5. Unauthorized leaving of a military unit or place of service, as well as failure to report for duty on time without

valid reasons by a serviceman committed under martial law or in a combat situation".

II. Final provisions

1. This Law shall enter into force on the day following the day of its publication.

2. The Cabinet of Ministers of Ukraine shall, within two months from the date of entry of this Law into force:

1) align its regulations with this Law;

2) ensure the adoption of regulations required to implement the provisions of this Law;

3) ensure that ministries and other central executive authorities bring their regulations in line with this Law.

Article 119

of the Labor Code of Ukraine (Vidomosti Verkhovnoi Rady USSR, 1971, Annex to No. 50, Art. 375)

shall be supplemented by part seven as follows:

"The guarantees provided for in parts two and three of this Article shall not apply to the persons who are found

guilty of criminal offenses against the established procedure for military service (military criminal offenses) during a

special period and whose sentence has become final and binding."

Part one

of Article 7 of the Law of Ukraine on the Military Service of Law Enforcement in the Armed Forces of

Ukraine (Vidomosti Verkhovnoi Rady Ukrayiny, 2002, No. 32, p. 225) shall be supplemented by paragraph 33 as follows:

"33) to examine the persons liable for military service and reservists during training, as well as servicemen for the

alcohol, drug or other intoxication or for being under the influence of medications impairing their attention and reaction

time, and use special technical means for such examination in cases stipulated by law".

President of Ukraine

V. ZELENSKYI

Kyiv

December 13, 2022

No. 2839-IX

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Chapter 13-B

MILITARY ADMINISTRATIVE OFFENSES

Article 172

-10

. Refusal to fulfill the lawful requirements of the commander (superior)

Refusal to fulfill the legal requirements of the commander (superior)

shall be punishable by a fine of one hundred to five hundred tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

An act provided for in part one of this Article committed during a special period other than martial law

shall be punishable by a fine of five hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for ten to fifteen days.

{Article 172

-10

as amended by Law

No. 2839-IX dated 13.12.2022}

Article 172

-11

. Unauthorized leaving of a military unit or place of service

Unauthorized leaving of a military unit or place of service by a serviceman in regular service, as well as failure

to report for service on time without valid reasons in the case of discharge from a unit, appointment or transfer,

failure to return from a business trip, vacation or medical institution for up to three days

shall entail arrest subject to detention in the brig for up to ten days.

Acts provided for in part one of this Article, committed by a person who has been subjected to an administrative

penalty for the same violations within a year

shall entail arrest subject to detention in the brig for a period of seven to fifteen days.

Unauthorized leaving of a military unit or place of service by a serviceman (except for regular military service),

as well as by persons liable for military service and reservists during training, as well as failure to report on time

without valid reasons for military service in case of appointment or transfer, failure to report from a business trip,

vacation or from a medical institution for up to ten days

shall be punishable by a fine of five hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

Acts envisaged by parts one or three of this Article committed during a special period, except for martial law

shall be punishable by a fine of one to two thousand tax-free minimum incomes or arrest subject to detention

in the brig for ten to fifteen days.

{Article 172

-11

as amended by Law

No. 2839-IX dated 13.12.2022}

Article 172

-12

. Negligent destruction or damage to military property

Negligent destruction or damage to weapons, ammunition, vehicles, military and special equipment or other

military property

shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

Acts provided for in part one of this Article committed during a special period

shall be punishable by a fine of one to two thousand tax-free minimum incomes or arrest subject to detention

in the brig for ten to fifteen days.

{Article 172

-12

as amended by Law

No. 2839-IX dated 13.12.2022}

Article 172

-13

. Abuse of power or position by a military official

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Illegal use of vehicles, facilities or other military property by a military official, use of a military official to

perform tasks not related to military service, as well as the other abuse of power or official position committed for

mercenary purposes or in the other personal interests or in the interests of the third parties

shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

Acts envisaged by part one of this Article committed during a special period, except for martial law

shall be punishable by a fine of one thousand to two thousand tax-free minimum incomes or arrest subject to

detention in the brig for ten to fifteen days.

Note. Military officials are defined as military commanders, as well as the other servicemen who hold

permanent or temporary positions related to the performance of organizational, administrative or administrative-

economic duties, or perform such duties on special instructions of the authorized command.

{Article 172

-13

as amended by Law

No. 2839-IX dated 13.12.2022}

Article 172

-14

. Abuse of power or authority by a military official

Excess of power or authority by a military official, i.e. intentional commitment of actions clearly exceeding

the limits of the rights or powers granted to that person

shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

Acts provided for in part one of this Article committed during a special period

shall be punishable by a fine of one to two thousand tax-free minimum incomes or arrest subject to detention

in the brig for ten to fifteen days.

{Article 172

-14

as amended by Law

No. 2839-IX dated 13.12.2022}

Article 172

-15

. Negligent attitude to military service

Negligent attitude of a military official to military service

shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

An act provided for in part one of this Article committed during a special period

shall be punishable by a fine of one to two thousand tax-free minimum incomes or arrest subject to detention

in the brig for ten to fifteen days.

{Article 172

-15

as amended by Law

No. 2839-IX dated 13.12.2022}

Article 172

-16

. Inaction of the military authorities

Intentional failure to take actions to stop a criminal offense committed by a subordinate, or failure of a military

official to report a subordinate who committed a criminal offense to a pre-trial investigation body, as well as the

other intentional failure of a military official to perform his/her official duties

shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

Acts provided for in part one of this Article committed during a special period

shall be punishable by a fine of one to two thousand tax-free minimum incomes or arrest subject to detention

in the brig for ten to fifteen days.

{Article 172

-16

as amended by Laws

No. 2617-VIII dated 22.11.2018, No. 2839-IX dated 13.12.2022}

Article 172

-17

. Violation of the rules of combat duty

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Violation of the rules of combat duty (combat service) established for the timely detection and repulsion of a

sudden attack on Ukraine or for the defense and security of Ukraine

shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

Acts provided for in part one of this Article committed during a special period

shall be punishable by a fine of one to two thousand tax-free minimum incomes or arrest subject to detention

in the brig for ten to fifteen days.

{Article 172

-17

as amended by Law

No. 2839-IX dated 13.12.2022}

Article 172

-18

. Violation of the rules of border guard service

Violation of the rules of border guard service by a person who is a member of a detachment charged with the

guarding of the state border of Ukraine

shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

Acts provided for in part one of this Article committed during a special period

shall be punishable by a fine of one to two thousand tax-free minimum incomes or arrest subject to detention

in the brig for ten to fifteen days.

{Article 172

-18

as amended by Law

No. 2839-IX dated 13.12.2022}

Article 172

-19

. Violation of the rules for handling weapons, as well as substances and objects that

pose a high risk to others

Violation of the rules for handling weapons, as well as ammunition, explosives, other substances and objects

that pose a high risk to the environment, as well as radioactive materials

shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

Acts provided for in part one of this Article committed during a special period

shall be punishable by a fine of one to two thousand tax-free minimum incomes or arrest subject to detention

in the brig for ten to fifteen days.

{Article 172

-19

as amended by Law

No. 2839-IX dated 13.12.2022}

Article 172

-20

. Drinking of alcoholic or low-alcohol beverages or consumption of narcotic drugs,

psychotropic substances or their analogues

Drinking of alcoholic or low-alcohol beverages or consumption of narcotic drugs, psychotropic substances or

their analogues by servicemen, persons liable for military service and reservists during training in the territory of

military units or military facilities, or the appearance of such persons in the territory of a military unit in a state of

drunkenness, under the influence of drugs or other intoxication, or the performance of military service duties in a

state of drunkenness, under the influence of drugs or other intoxication, as well as the refusal of such persons to

undergo a test for alcohol, drugs, or other intoxication

shall be punishable by a fine of one hundred to five hundred tax-free minimum incomes or arrest subject to

detention in the brig for up to seven days.

Involvement of superiors (commanders) and other leaders in drinking alcohol, low-alcohol beverages or

consumption of narcotic drugs, psychotropic substances or their analogues with subordinate servicemen, as well as

persons liable for military service and reservists during training, or failure to take actions to remove persons, who

are in a state of drunkenness, drug or other intoxication, from military service, or concealment of the cases of

drinking alcoholic or low-alcohol beverages, use of narcotic drugs, psychotropic substances or their analogues,

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appearance in the territory of a military unit in a state of drunkenness, drug or other intoxication of subordinate

servicemen, as well as persons liable for military service and reservists during training

shall be punishable by a fine of five hundred to one thousand tax-free minimum incomes or arrest subject to

detention in the brig for up to ten days.

Actions envisaged by parts one or two of this Article committed by a person who was subjected to an

administrative penalty for the same violations within a year or during a special period

shall be punishable by a fine of one to two thousand tax-free minimum incomes or arrest subject to detention

in the brig for ten to fifteen days.

{Article 172

-20

as amended by Law

No. 2839-IX dated 13.12.2022}

{The Code is supplemented with Chapter 13-B according to Law

No. 158-VIII dated 05.02.2015;

as amended

by Law

No. 1952-VIII dated 16.03.2017}

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Annex 5.2: Translation of articles 17, 18, 22, 26 & 39 of the Law on Military

Duty and Military Service

Verkhovna Rada of Ukraine,

Law of Ukraine on Military Duty and Military Service,

adopted in 1992, last amended on 18 October 2022,

https://zakon.rada.gov.ua/laws/show/2232-12#Text

Article 17:

Determent of conscription for regular military service

1. The determent of conscription for regular military service shall be granted to conscripts by a

decision of a district (city) conscription commission in accordance with this Law for family reasons,

health reasons, for obtaining education and continuation of professional activity.

{Part one of Article 17 as amended by Laws

No. 1169-VII of 27.03.2014, No. 116-VIII of

15.01.2015}

2. The determent of conscription for family reasons shall be granted to conscripts who have:

1) a disabled parent or a single disabled parent or disabled persons who provided custody,

guardianship or maintenance of the conscript, or persons over whom the conscript exercises custody

or guardianship, if they have no other able-bodied citizens of Ukraine who are obliged to support

them in accordance with laws. The disability of these persons shall be determined in the manner

stipulated by law;

2) underage siblings (full or half) or disabled siblings (full or half) regardless of their age, if they

have no able-bodied persons other than the conscript who are obliged to support them in accordance

with laws;

3) a child (children) under the age of 18 whom the conscripts bring up on their own;

{Paragraph 3 of part two of Article 17 as amended by Law

No. 116-VIII of 15.01.2015;

amended by Law

No. 2169-IX of 01.04.2022}

4) a child under three years old;

{Paragraph 4 of part two of Article 17 as amended by Law

No. 589-VII of 19.09.2013;

amended by Law

No. 2169-IX of 01.04.2022}

5) two or more children.

{Paragraph 6 of part two of Article 17 has been deleted on the basis of Law

No. 2122-IX of

15.03.2022}

{Paragraph 7 of part two of Article 17 has been deleted on the basis of Law

No. 2122-IX of

15.03.2022}

8) a pregnant wife.

3. A conscript who is an orphan or a child deprived of parental care may be granted a determent

of conscription for family reasons at his own request.

{Part three of Article 17 as amended by Law

No. 1634-VII of 12.08.2014}

{Part four of Article 17 has been deleted on the basis of Law

No. 116-VIII of 15.01.2015}

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5. In the event that several sons are subject to conscription for regular military service at the

same time, the determent may be granted to one of them at their request, taking into account the

proposal of the parents, for the period of regular military service of the brothers, until one of them is

discharged to the reserve.

{Part five of Article 17 as amended by Law

No. 116-VIII of 15.01.2015}

6. A district (city) conscription commission may decide to grant to a conscript a determent of

conscription for family reasons, despite the unwillingness of the conscript to exercise such a right,

based on the fact that his conscription may significantly worsen the financial situation of persons

whom he is obliged to support in accordance with laws.

7. The determent of conscription to regular military service for health reasons for a period of up

to one year shall be granted to conscripts who are recognized temporarily unfit for military service

following a medical examination.

8. The determent of conscription for regular military service for the purpose of obtaining

education for the entire period of study shall be granted to citizens of military age who are studying:

full-time in institutions of general secondary education of the 3

degree and vocational

(vocational-technical) education. As soon as such conscripts reach the age of 21, the determent shall

become null and void;

{Part eight of Article 17 has been supplemented with a new indent in accordance with Law

No.

2745-VIII of 06.06.2019;

as amended by Law

No. 161-IX of 03.10.2019}

full-time in institutions of vocational higher education, including during the obtaining of the

elementary level (short cycle) and the first (bachelor's) level of higher education under the curricula

of the graduated education system;

{Indent three of part eight of Article 17 as amended by Law

No. 161-IX of 03.10.2019}

full-time in institutions of professional pre-higher and/or higher education, including during the

next level of education;

{Indent four of part eight of Article 17 as amended by Law

No. 161-IX of 03.10.2019}

full-time in institutions of secondary or higher spiritual education;

{Indent five of part eight of Article 17 as amended by Law

No. 161-IX of 03.10.2019}

under internship, postgraduate or doctoral programs, full-time or part-time.

The determent of conscription for regular military service shall also be granted to the citizens of

Ukraine who undergo military training under the program for the training of reserve officers at higher

military educational establishments and military training units of higher educational establishments.

Such determent shall be granted for the entire period of military training and for the period lasting

from the completion of such training to the assignment of the primary military rank of officer to a

citizen of Ukraine, but not longer than until the end of the year in which the training was completed.

{Part eight of Article 17 has been supplemented with paragraph seven in accordance with Law

No. 161-IX of 03.10.2019}

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9. Citizens of Ukraine who are studying in foreign educational institutions under the international

treaties of Ukraine shall also be entitled to a determent from conscription for the purpose of obtaining

education.

{Part ten of Article 17 has been deleted under the Law

No. 2145-VIII of 05.09.2017}

11. Citizens of military age who have interrupted their studies due to academic leave and exercise

the right to academic mobility, as well as those who have been reinstated in a higher education

institution, shall not be deprived of the right to enjoy a determent from conscription for regular

military service.

{Part eleven of Article 17 as amended by Law

No. 2145-VIII of 05.09.2017}

12. Where the conscripts studying full-time in higher or vocational higher education institutions

are transferred to another higher or vocational higher education establishment with the above-

mentioned form of education, they shall retain their right to a determent from conscription for regular

military service.

{Part twelve of Article 17 as amended by Laws

No. 116-VIII of 15.01.2015, No. 2745-VIII of

06.06.2019}

13. The determent of the conscription for regular military service for the purpose of continuing

professional activity shall be granted to the following citizens of military age:

pedagogical workers who have obtained higher education and whose main place of work is

general secondary education institutions, subject to a full workload in the position

–

for the entire

period of their work according to the major;

{Indent two of part thirteen of Article 17 as amended by Law

No. 433-VIII of 14.05.2015;

amended by Law

No. 161-IX of 03.10.2019}

medical workers, subject to a full workload in the position

–

for the entire period of their work

in the rural areas;

clergymen who have graduated from institutions of higher or secondary spiritual education and

hold a position in religious organizations operating on the basis of the statute (regulations) registered

in the prescribed manner

–

for the period of performance of a clergyman’s duties;

{Indent four of part eight of Article 17 as amended by Law

No. 161-IX of 03.10.2019}

village, town, city mayors

–

as long as they remain in office;

persons holding the degree of a Doctor of Philosophy (PhD)/Doctor of Arts or Doctor of Sciences

and working in positions corresponding to their major in accordance with the group of specialties in

the fields of knowledge (science)/arts, in which the scientific/educational/creative degree was

awarded

–

for the entire period of their work in this major;

{Indent six of part eight of Article 17 as amended by Law

No. 161-IX of 03.10.2019}

reservists

–

for the entire period of service in the military reserve;

police officers, privates and senior officers of the civil protection service and employees of the

State Bureau of Investigation

–

for the entire period of their service;

{Indent eight of part thirteen of Article 17 as amended by Laws

No. 580-VIII of 02.07.2015, No.

989-IX of 05.11.2020;

as amended by Law

No. 1357-IX of 30.03.2021}

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employees of the Court Security Service

–

for the entire period of their service.

{Part thirteen of Article 17 has been supplemented with indent nine in accordance with Law

No.

1417-IX of 27.04.2021}

{Part thirteen of Article 17 as amended by Laws No.

4352-VI of 07.02.2012, No. 1242-VII of

06.05.2014;

as amended by Law

No. 116-VIII of 15.01.2015}

14. The determent of the conscription for regular military service shall be granted to conscripts

who have been served a notice of suspicion of committing a criminal offence or in respect of whom

a criminal case is pending in a court

–

until a relevant judgment is made.

{Part fourteen of Article 17 as amended by the Law

No. 4652-VI of 13.04.2012}

15. In cases not stipulated hereby the determent of conscription for regular military service may

be granted to conscripts in accordance with decisions of the Conscription Commission of the

Autonomous Republic of Crimea, regional and Kyiv city conscription commissions upon the

submission of district (city) conscription commissions.

16. Conscripts who have been granted a determent from conscription for regular military service

shall present documents confirming their right to a determent to the relevant district (city) territorial

centers of recruitment and social support annually by October 1.

17. Conscripts who have lost the grounds for determent from regular military service, as well as

persons who have no right to determent or grounds for exemption from regular military service

envisaged in Articles 17 and

hereof and are not called up for various reasons for regular military

service within the established time limits, must be called up during the regular conscription.

Article 18.

Exemption from conscription for regular military service

1. Citizens of Ukraine all be exempt from conscription for regular military service in peacetime

as long as they:

are recognized as persons with disabilities or unfit for military service in peacetime for health

reasons;

{Indent two of part one of Article 18 as amended by Law

No. 2122-IX of 15.03.2022}

have reached the age of 27 by the day of referral for military service;

{Indent three of part one of Article 18 as amended by Law

No. 116-VIII of 15.01.2015}

have fulfilled the duties of service in the military reserve during the terms of the first and second

contracts;

{Part one of Article 18 has been supplemented with a new indent in accordance with Law No.

1169-VII of 27.03.2014;

as amended by Law

No. 1275-VII of 20.05.2014}

have a parent or sibling (full or half) who was killed, died or became disabled during military

service or training. Conscripts who are entitled to exemption from conscription on this basis may

waive this right;

are raising a child with a disability under the age of 18;

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{Part one of Article 18 has been supplemented with a new indent in accordance with Law

No.

2122-IX of 15.03.2022}

are raising a child with severe perinatal lesions of the nervous system, severe congenital

malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe

mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic kidney disease of the

grade, a child who has received a serious injury, in need of organ transplantation, in need of

palliative care, as evidenced by a document issued by the medical advisory commission of the health

care institution in the manner and form established by the central executive body ensuring the

development and implementation of the state healthcare policy, but which has not been recognized

as disabled;

{Part one of Article 18 has been supplemented with a new indent in accordance with Law

No.

2122-IX of 15.03.2022}

ensure a continuous care for a sick spouse, child, as well as their parents or

spouse’s parents,

who, according to the conclusion of the medical and social expert commission or medical advisory

commission of the healthcare institution, need continuous care;

{Part one of Article 18 has been supplemented with a new indent in accordance with Law

No.

2122-IX of 15.03.2022}

have a spouse recognized as disabled and/or one of their parents or

their spouse’s

parents are

recognized as disabled and are assigned disability group I or II;

{Part one of Article 18 has been supplemented with a new indent in accordance with Law

No.

2122-IX of 15.03.2022}

take care for a disabled person recognized by the court as incapacitated; ensure a continuous care

for a person assigned disability group I; ensure a continuous care for a person assigned disability

group II or for a person who, according to the conclusion of the medical and social expert commission

or the medical advisory commission of the healthcare institution, needs permanent care, in the

absence of the other persons who can provide such care;

{Part one of Article 18 has been supplemented with a new indent in accordance with Law

No.

2122-IX of 15.03.2022}

served in other countries before acquiring Ukrainian citizenship;

were sentenced to imprisonment, restriction of liberty, including subject to release from serving

a sentence for committing a criminal offense;

{Indent of part one of Article 18 as amended by Laws

No. 116-VIII of 15.01.2015, No. 720-IX of

17.06.2020}

were awarded military (special) ranks of officers (commanders) after graduation from higher

education institutions.

Article 18

. Peculiarities of conscription for regular military service and activities of conscription

commissions during martial law

1. During martial law, conscription for regular military service shall not be carried out.

2. During martial law, conscription commissions shall be formed to consider the issues

concerning:

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organizing and conducting medical examinations of persons listed in the military registries of

conscripts and have reached the age of 27, registering them for military service or excluding them

from military registries;

sending conscripts who have declared their willingness to enter higher military educational

institutions or military educational subdivisions of higher educational institutions to take tests and

admission exams or making a decision to refuse to grant such a referral.

{The Law has been supplemented with Article 18

according to the Law

No. 2678-IX of

18.10.2022}

...

Article 22.

Age limit for military service

1. The age limit for military service shall be established as follows:

1) for servicemen of the rank of private, junior sergeant and sergeant major, who serve under the

contract

–

45 years old;

2) for servicemen of senior non-commissioned officers and sergeants major who serve under the

contract

–

50 years old;

3) for servicemen of top non-commissioned officers and sergeants performing military service

under the contract

–

55 years old;

4) for junior officers

–

45 years old;

5) for senior officers: majors (captains of the 3

rank), lieutenant colonels (captains of the 2

rank)

–

50 years old; colonels (captains of the 1

rank)

–

55 years old;

6) for senior officers

–

60 years old;

7) for military personnel serving during a special period, from among:

privates, sergeants and non-commissioned officers, junior and senior officers

–

60 years old;

senior officers

–

65 years old.

{Part one of Article 22 as amended by Law

No. 1275-VII of 20.05.2014;

as amended by Law No.

205-IX of 17.10.2019,

as amended by Law

No. 680-IX of 04.06.2020}

2. Servicemen of the Armed Forces of Ukraine and other military formations who have received

advanced professional training, experience of practical work at the position held and are recognized

by the military medical commission as fit for military service for health reasons may, at their request,

be left in military service beyond the limit of the age for military service established by

part one

this Article for a period of up to 5 years in accordance with the procedure established by the

regulations on the military service by citizens of Ukraine.

{Part two of Article 22 as amended by Law

No. 1014-V of 11.05.2007}

...

Article 26.

Dismissal from military service

1. Dismissal of servicemen from military service shall be carried out as follows:

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

a) to the reserve, if servicemen have not reached the age limit for being in the reserve and are fit

for military service for health reasons;

b) by way of retirement, if servicemen have reached the age limit for being in the reserve and

doing the military reserve or are recognized by military medical commissions as unfit for military

service for health reasons subject to their exclusion from the military registries.

2. Servicemen of regular military service shall be dismissed on the following grounds:

a) in connection with the expiration of the established duration of military service

–

within the

terms determined by the Decree of the President of Ukraine;

b) for health reasons

–

on the basis of the opinion (resolution) of the military medical commission

on unfitness for military service;

c) for family reasons

–

where they are eligible for a determent or discharge due to changes in

family circumstances. Servicemen eligible for a discharge from service on this ground may waive

such a right;

d) in connection with the entry into force of a court verdict of guilty, which imposed a sentence

of imprisonment.

3. Servicemen carrying out military service on the basis of conscription of officers shall be

discharged from service on the following grounds:

a) in connection with the expiration of the established duration of military service;

b) for health reasons

–

on the basis of the opinion (resolution) of the military medical commission

on unfitness or limited fitness for military service;

c) due to family circumstances or for the other valid reasons, the list of which shall be determined

by the Cabinet of Ministers of Ukraine;

d) in connection with the entry into force of a court verdict of guilty, which sentenced the

serviceman to imprisonment, restriction of liberty, or deprivation of military rank;

e) in connection with disciplinary deprivation of military rank;

f) in connection with the onset of a special period and unwillingness to continue military service

by a servicewoman who has a child (children) under the age of 18;

g) in connection with the termination of Ukrainian citizenship.

4. Servicemen who are doing military service on call during mobilization, during a special

period, or on call of reservists during a special period shall be discharged from military service on the

following grounds:

{Paragraph one of part four of Article 26 as amended by Law

No. 1357-IX of 30.03.2021}

1) during a special period (except for the period of martial law):

a) within the time limits determined by the Decree of the President of Ukraine (within the time

limits determined by the decision of the Supreme Commander-in-Chief of the Armed Forces of

Ukraine

–

for servicemen who are doing the military service on call of reservists during a special

period);

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

{Subparagraph "a" of paragraph 1 of part four of Article 26 as amended by Law

No. 1357-IX of

30.03.2021}

b) for health reasons

–

on the basis of the opinion (resolution) of the military medical commission

on unfitness for military service in peacetime or limited fitness in wartime, except in cases determined

by the provisions on the military service by citizens of Ukraine;

c) for age-related reasons

–

when the serviceman reached the age limit for military service;

d) due to the following family circumstances or other valid reasons (unless servicemen declared

their willingness to continue military service):

a servicewomen has a child (children) under the age of 18;

upbringing of a child or several children under the age of 18 by a single mother (father) who is

a servicewoman (serviceman), where the child(ren) live(s) with her (him);

maintenance of a child of full legal age assigned disability group I or II by a serviceman;

{Indent four of subparagraph "d" of paragraph 1 of part four of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

the need for constant care for a sick spouse, child, or

the serviceman’s or his/her spouse’s

parents

who, according to the conclusion of the medical and social expert commission or medical advisory

commission of the healthcare institution, need constant care;

{Indent five of subparagraph "d" of paragraph 1 of part four of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

availability of a disabled spouse and/or one

the serviceman’s or his/her spouse’s

parents assigned

disability group I or II;

{Indent six of subparagraph "d" of paragraph 1 of part four of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

the need for continuous care for a disabled person recognized by the court as incapacitated;

ensure a continuous care for a person assigned disability group I; ensure a continuous care for a person

assigned disability group II or for a person who, according to the conclusion of the medical and social

expert commission or the medical advisory commission of the healthcare institution, needs permanent

care, in the absence of the other persons who can provide such care;

{Indent seven of subparagraph "d" of paragraph 1 of part four of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

a serviceman has three or more children under the age of 18;

{Indent eight of subparagraph "d" of paragraph 1 of part four of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

a serviceman brings up a disabled child under the age of 18;

{Indent of subparagraph "d" of paragraph 1 of part four of Article 26 as amended by Law

No.

2122-IX of 15.03.2022}

a serviceman brings up a child suffering from severe perinatal lesions of the nervous system,

severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases,

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic

kidney diseases of the 4

grade, a child who has received a severe trauma, in need of organ

transplantation, in need of palliative care, which is confirmed by a document issued by the medical

advisory commission of the healthcare institution in the manner and form established by the central

executive body that ensures the development and implementation of state healthcare policy, but which

has not been recognized disabled;

{Indent of subparagraph "d" of paragraph 1 of part four of Article 26 as amended by Law

No.

2122-IX of 15.03.2022}

e) due to official incompatibility;

f) in connection with the entry into force of a court verdict of guilty, which sentenced the

serviceman to imprisonment, restriction of liberty, or deprivation of military rank;

g) in connection with deprivation of military rank by way of disciplinary punishment;

2) during martial law:

a) for age-related reasons

–

when the serviceman reached the age limit for military service;

b) for health reasons

–

on the basis of the conclusion (resolution) of the military medical

commission on unfitness for military service subject to the exclusion from the military registries;

c) in connection with the entry into force of a court verdict of guilty, which sentenced the

serviceman to imprisonment, restriction of liberty, or deprivation of military rank;

d) due to the following family circumstances or other valid reasons (unless servicemen declared

their willingness to continue military service):

a serviceman brings up a disabled child under the age of 18;

a serviceman brings up a child suffering from severe perinatal lesions of the nervous system,

severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases,

cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic

kidney diseases of the 4

grade, a child who has received a severe trauma, in need of organ

transplantation, in need of palliative care, which is confirmed by a document issued by the medical

advisory commission of the healthcare institution in the manner and form established by the central

executive body that ensures the development and implementation of state healthcare policy, but which

has not been recognized disabled;

in connection with the need for constant care for a sick spouse, child, or

the serviceman’s or

his/her spouse’s

parents who, according to the conclusion of the medical and social expert

commission or medical advisory commission of the healthcare institution, need constant care;

availability of a disabled spouse and/or one

the serviceman’s or his/her spouse’s

parents assigned

disability group I or II;

in connection with the need for continuous care for a disabled person recognized by the court as

incapacitated;

due to the need for continuous care for a person assigned disability group I;

in connection with the need for continuous care for a person assigned disability group II or for a

person who, according to the conclusion of the medical and social expert commission or the medical

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

advisory commission of the health care institution, needs continuous care, in the absence of other

persons who can provide such care;

for servicewomen

–

due to pregnancy;

servicewomen who are on maternity leave until the child becomes three years old, as well as if

the child needs home care for the duration specified in a medical report, but not more than until the

child becomes six years old;

one of the spouses, both of whom are on military service and have a child (children) under the

age of 18;

single servicemen who raise a child (children) under 18 years old;

three or more children under the age of 18 are dependent on the serviceman.

{Subparagraph "d" of paragraph 2 of part four of Article 26 has been supplemented with a new

indent in accordance with Law

No. 2599-IX of 20.09.2022}

{Paragraph 2 of part four of Article 26 has been supplemented with subparagraph "d" in

accordance with Law

No. 2122-IX of 15.03.2022;

wording of Law

No. 2169-IX of 01.04.2022}

5. The contract shall be terminated and servicemen doing military service under a contract shall

be dismissed on the following grounds:

1) in peacetime:

a) in connection with the expiration of the contract;

b) for health reasons

–

on the basis of the opinion (resolution) of the military medical commission

on unfitness for military service or limited fitness for military service, except in cases determined by

the provisions on the military service by citizens of Ukraine;

c) for age-related reasons

–

when the serviceman reached the age limit for military service;

d) in connection with staff reduction or organizational measures

–

where they cannot be

employed at service;

e) due to family circumstances or for the other valid reasons, the list of which shall be determined

by the Cabinet of Ministers of Ukraine;

f) due to official incompatibility;

g) in connection with the entry into force of a court verdict of guilty, which sentenced the

serviceman to imprisonment, restriction of liberty, deprivation of military rank, or deprivation of the

right to hold certain positions;

h) in connection with the deprivation of military rank by way of disciplinary punishment;

i) in connection with repeated violation of the terms of the contract by the command (at the

request of the serviceman);

j) in connection with repeated violation of the terms of the contract by the serviceman;

k) in connection with the entry into force of a court decision which brought a serviceman to

administrative responsibility for committing an administrative offence and imposed a penalty in the

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

form of deprivation of the right to hold certain positions or engage in certain activities related to the

performance of the functions of the state or local self-government;

l) where a serviceman cannot be transferred to another position in the case of direct subordination

to a close relative;

m) when a special inspection reveals information proving that the serviceman does not meet the

requirements for holding a position as established by law;

n) in connection with the application of a ban provided for in parts

three

four

of Article 1 of

the Law of Ukraine on Government Lustration;

o) in connection with the expiration of a special period or the announcement of demobilization

and the unwillingness to continue military service under a new contract; this shall apply to the

servicemen who have done military service under a contract concluded under the conditions

envisaged in

indent two

of part three of Article 23 of this Law;

p) in connection with the termination of Ukrainian citizenship;

q) failure to pass the probationary period established by

part one

of Article 21

of this Law;

r) in connection with the entry into force of a court decision on the recognition of the assets of a

serviceman or assets acquired on his/her behalf by other persons or in other cases provided for in

Article 290

of the Civil Procedure Code of Ukraine as unjustified and their seizure by the state;

{Paragraph 1 of part five of Article 26 has been supplemented with subparagraph "r" in

accordance with Law

No. 263-IX of 31.10.2019}

s) in connection with the withdrawal of the mandate to carry out military chaplaincy activities;

{Paragraph 1 of part five of Article 26 has been supplemented with subparagraph "s" in

accordance with Law

No. 1915-IX of 30.11.2021}

2) during a special period (except for the periods since the mobilization announcement

–

during

the period of its implementation, which shall be determined by the decision of the President of

Ukraine, and since the martial law introduction

–

until the announcement of demobilization):

a) in connection with the expiration of the contract;

b) for health reasons

–

on the basis of the opinion (resolution) of the military medical commission

on unfitness for military service or limited fitness for military service, except in cases determined by

the provisions on the military service by citizens of Ukraine;

c) for age-related reasons

–

when the serviceman reached the age limit for military service;

d) in connection with staff reduction or organizational measures

–

where they cannot be

employed at service;

e) due to the following family circumstances or other valid reasons (unless servicemen declared

their willingness to continue military service):

a servicewomen has a child (children) under the age of 18;

upbringing of a child or several children under the age of 18 by a single mother (father) who is

a servicewoman (serviceman), where the child(ren) live(s) with her (him);

maintenance of a child of full legal age assigned disability group I or II by a serviceman;

198

UUI, Alm.del - 2022-23 (2. samling) - Bilag 77: Orientering om ny rapport vedr. Ukraine

UK R AINE : E X I T RU LE S, E XE M P TIO NS F RO M M IL I T AR Y SE R VI CE /M O BIL I S A T ION D URI N G M AR T IA L

LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

{Indent four of subparagraph "e" of paragraph 2 of part five of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

the need for constant care for a sick spouse, child, or

the serviceman’s or his/her spouse’s

parents

who, according to the conclusion of the medical and social expert commission or medical advisory

commission of the healthcare institution, need constant care;

{Indent five of subparagraph "e" of paragraph 2 of part five of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

availability of a disabled spouse and/or one

the serviceman’s or his/her spouse’s

parents assigned

disability group I or II;

{Indent six of subparagraph "e" of paragraph 2 of part five of Article 26 as amended by Law

No.

2122-IX of 15.03.2022}

the need for continuous care for a disabled person recognized by the court as incapacitated;

ensure a continuous care for a person assigned disability group I; ensure a continuous care for a person

assigned disability group II or for a person who, according to the conclusion of the medical and social

expert commission or the medical advisory commission of the healthcare institution, needs permanent

care, in the absence of the other persons who can provide such care;

{Indent seven of subparagraph "e" of paragraph 2 of part five of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

a serviceman has three or more children under the age of 18;

{Indent eight of subparagraph "e" of paragraph 2 of part five of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

a serviceman brings up a disabled child under the age of 18;

{Indent of subparagraph "e" of paragraph 2 of part five of Article 26 as amended by Law

No.

2122-IX of 15.03.2022}

a serviceman brings up a child suffering from severe perinatal lesions of the nervous system,

severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases,

cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic

kidney diseases of the 4

grade, a child who has received a severe trauma, in need of organ

transplantation, in need of palliative care, which is confirmed by a document issued by the medical

advisory commission of the healthcare institution in the manner and form established by the central

executive body that ensures the development and implementation of state healthcare policy, but which

has not been recognized disabled;

{Indent of subparagraph "e" of paragraph 2 of part five of Article 26 as amended by Law

No.

2122-IX of 15.03.2022}

for female servicewomen

–

due to pregnancy;

{Subparagraph "f" of paragraph 2 of part five of Article 26 has been supplemented with

paragraph eleven in accordance with Law

No. 2169-IX of 01.04.2022}

f) due to official incompatibility;

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

g) in connection with the entry into force of a court verdict of guilty, which sentenced the

serviceman to imprisonment, restriction of liberty, or deprivation of military rank;

h) in connection with deprivation of military rank by way of disciplinary punishment;

i) in connection with repeated violation of the terms of the contract by the serviceman;

j) in connection with the entry into force of a court decision which brought a serviceman to

administrative responsibility for committing an administrative offence and imposed a penalty in the

form of deprivation of the right to hold certain positions or engage in certain activities related to the

performance of the functions of the state or local self-government;

k) where a serviceman cannot be transferred to another position in the case of direct

subordination to a close relative;

l) in connection with the application of a ban provided for in parts

three

four

of Article 1 of

the Law of Ukraine on Government Lustration;

m) failure to pass the probationary period established by

part one

of Article 21

of this Law;

n) who have concluded a contract for the period until the end of the special period or until the

announcement of the decision on demobilization and have served at least 24 months of military

service under the contract, if they have not expressed a desire to continue military service during the

special period.

The servicemen who have acquired the right to be dismissed from service on this basis (at the

request of servicemen) shall be dismissed within the time limits determined by the central executive

authorities which, in accordance with the law, manage military formations, but in any case within

three months from the date of acquisition of such a right, and those who, at the time of acquisition of

the right to be dismissed from service, perform tasks in the interests of the defense of Ukraine during

the special period, take direct part in the conduct of military (combat) operations, including in the

territory of the anti-terrorist operation, as well as in the areas of national security and defense,

repulsion and deterrence of armed aggression of the state that is formally or actually participating in

hostilities against Ukraine

–

within three months from the date of completion of such tasks;

o) who are doing military service under a contract extended beyond the established terms until

the expiration of the special period or until the announcement of demobilization, and who have served

at least 18 months from the date of the contract extension, unless they have declared their willingness

to continue military service during the special period.

The servicemen who have acquired the right to be discharged from service on this ground (at the

request of servicemen) shall be discharged within the terms specified in the

second indent

subparagraph "m" of this paragraph of this part;

p) in connection with the entry into force of a court decision on the recognition of the assets of a

serviceman or assets acquired on his/her behalf by other persons or in other cases provided for in

Article 290

of the Civil Procedure Code of Ukraine as unjustified and their seizure by the state;

{Paragraph 2 of part five of Article 26 has been supplemented with subparagraph "p" in

accordance with Law

No. 263-IX of 31.10.2019}

q) in connection with the withdrawal of the mandate to carry out military chaplaincy activities;

{Paragraph 1 of part five of Article 26 has been supplemented with subparagraph "q" in

accordance with Law

No. 1915-IX of 30.11.2021}

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

3) since the mobilization announcement

–

during the period of its implementation, which shall

be determined by the decision of the President of Ukraine, and since the martial law introduction

–

until the announcement of demobilization:

a) for age-related reasons

–

when the serviceman reached the age limit for military service;

b) for health reasons

–

on the basis of the conclusion (resolution) of the military medical

commission on unfitness for military service subject to the exclusion from the military registries;

c) in connection with the entry into force of a court verdict of guilty, which sentenced the

serviceman to imprisonment, restriction of liberty, or deprivation of military rank;

d) due to the following family circumstances or other valid reasons (unless servicemen declared

their willingness to continue military service):

a serviceman brings up a disabled child under the age of 18;

a serviceman brings up a child suffering from severe perinatal lesions of the nervous system,

severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases,

cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic

kidney diseases of the 4

grade, a child who has received a severe trauma, in need of organ

transplantation, in need of palliative care, which is confirmed by a document issued by the medical

advisory commission of the healthcare institution in the manner and form established by the central

executive body that ensures the development and implementation of state healthcare policy, but which

has not been recognized disabled;

in connection with the need for constant care for a sick spouse, child, or

the serviceman’s or

his/her spouse’s

parents who, according to the conclusion of the medical and social expert

commission or medical advisory commission of the healthcare institution, need constant care;

in connection with the need for continuous care for a disabled person recognized by the court as

incapacitated;

due to the need for permanent care for a person with a disability of group I;

due to the need for continuous care for a person assigned disability group I;

in connection with the need for continuous care for a person assigned disability group II or for a

person who, according to the conclusion of the medical and social expert commission or the medical

advisory commission of the health care institution, needs continuous care, in the absence of other

persons who can provide such care;

for servicewomen

–

due to pregnancy;

servicewomen who are on maternity leave until the child becomes three years old, as well as if

the child needs home care for the duration specified in a medical report, but not more than until the

child becomes six years old;

one of the spouses, both of whom are on military service and have a child (children) under the

age of 18;

single servicemen who raise a child (children) under 18 years old;

{Paragraph 3 of part five of Article 26 has been supplemented with subparagraph "d" in

accordance with Law

No. 2169-IX of 01.04.2022}

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

e) at their sole discretion (for servicemen from among foreigners and stateless persons who serve

in the Armed Forces of Ukraine under a contract).

{Paragraph 3 of part five of Article 26 has been supplemented with subparagraph "e" in

accordance with Law

No. 2197-IX of 14.04.2022}

6. Servicemen doing regular military service shall be dismissed on the following grounds:

1) in peacetime:

a) at their sole discretion;

b) for health reasons

–

on the basis of the opinion (resolution) of the military medical commission

on unfitness or limited fitness for military service;

c) for age-related reasons

–

when the serviceman reached the age limit for military service;

d) in connection with staff reduction or organizational measures

–

where they cannot be

employed at service;

e) due to family circumstances or for the other valid reasons, the list of which shall be determined

by the Cabinet of Ministers of Ukraine;

f) due to official incompatibility;

g) in connection with the entry into force of a court verdict of guilty, which sentenced the

serviceman to imprisonment, restriction of liberty, deprivation of military rank, or deprivation of the

right to hold certain positions;

h) in connection with the deprivation of military rank by way of disciplinary punishment;

i) in connection with the entry into force of a court decision which brought a serviceman to

administrative responsibility for committing an administrative offence and imposed a penalty in the

form of deprivation of the right to hold certain positions or engage in certain activities related to the

performance of the functions of the state or local self-government;

j) where a serviceman cannot be transferred to another position in the case of direct subordination

to a close relative;

k) in connection with the application of a ban provided for in parts

three

four

of Article 1 of

the Law of Ukraine on Government Lustration;

l) in connection with the termination of Ukrainian citizenship;

m) in connection with the entry into force of a court decision on the recognition of the assets of

a serviceman or assets acquired on his/her behalf by other persons or in other cases provided for in

Article 290

of the Civil Procedure Code of Ukraine as unjustified and their seizure by the state;

{Paragraph 1 of part six of Article 26 has been supplemented with subparagraph "m" in

accordance with Law

No. 263-IX of 31.10.2019}

2) during a special period (except for the periods since the mobilization announcement

–

during

the period of its implementation, which shall be determined by the decision of the President of

Ukraine, and since the martial law introduction

–

until the announcement of demobilization):

a) for health reasons

–

on the basis of the opinion (resolution) of the military medical commission

on unfitness for military service or limited fitness for military service;

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LAW , D O CU ME N T A TIO N, PUN IS HME N T O F E VA DE R S AN D DE SE R TE R S FR O M M ILI T AR Y SE RV I CE

b) for age-related reasons

–

when the serviceman reached the age limit for military service;

c) in connection with staff reduction or organizational measures

–

where they cannot be

employed at service;

d) due to the following family circumstances or other valid reasons (unless servicemen declared

their willingness to continue military service):

a servicewomen has a child (children) under the age of 18;

upbringing of a child or several children under the age of 18 by a single mother (father) who is

a servicewoman (serviceman), where the child(ren) live(s) with her (him);

maintenance of a child of full legal age assigned disability group I or II by a serviceman;

{Indent four of subparagraph "d" of paragraph 2 of part six of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

the need for constant care for a sick spouse, child, or

the serviceman’s or his/her spouse’s

parents

who, according to the conclusion of the medical and social expert commission or medical advisory

commission of the healthcare institution, need constant care;

{Indent five of subparagraph "d" of paragraph 2 of part six of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

availability of a disabled spouse and/or one

the serviceman’s or his/her spouse’s

parents assigned

disability group I or II;

{Indent six of subparagraph "d" of paragraph 2 of part six of Article 26 as amended by Law

No.

2122-IX of 15.03.2022}

the need for continuous care for a disabled person recognized by the court as incapacitated; the

need for continuous care for a person assigned disability group I; the need for continuous care for a

person assigned disability group II or for a person who, according to the conclusion of the medical

and social expert commission or the medical advisory commission of the health care institution, needs

continuous care, in the absence of other persons who can provide such care;

{Indent seven of subparagraph "d" of paragraph 2 of part six of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

a serviceman has three or more children under the age of 18;

{Indent eight of subparagraph "d" of paragraph 2 of part six of Article 26 as amended by Law

No. 2122-IX of 15.03.2022}

a serviceman brings up a disabled child under the age of 18;

{Indent of subparagraph "d" of paragraph 2 of part six of Article 26 as amended by Law

No.

2122-IX of 15.03.2022}

a serviceman brings up a child suffering from severe perinatal lesions of the nervous system,

severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases,

cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic

kidney diseases of the 4

grade, a child who has received a severe trauma, in need of organ

transplantation, in need of palliative care, which is confirmed by a document issued by the medical

advisory commission of the healthcare institution in the manner and form established by the central

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executive body that ensures the development and implementation of state healthcare policy, but which

has not been recognized disabled;

{Indent of subparagraph "d" of paragraph 2 of part six of Article 26 as amended by Law

No.

2122-IX of 15.03.2022}

a servicewomen

–

due to pregnancy;

{Subparagraph "d" of paragraph 2 of part six of Article 26 has been supplemented with indent

eleven in accordance with Law

No. 2169-IX of 01.04.2022}

one of the spouses, both of whom are on military service and have a child (children) under the

age of 18;

{Subparagraph "d" of paragraph 2 of part six of Article 26 has been supplemented with indent

twelve in accordance with Law

No. 2169-IX of 01.04.2022}

e) due to official incompatibility;

f) in connection with the entry into force of a court verdict of guilty, which sentenced the

serviceman to imprisonment, restriction of liberty, deprivation of military rank, or deprivation of the

right to hold certain positions;

g) in connection with deprivation of military rank by way of disciplinary punishment;

h) in connection with the entry into force of a court decision which brought a serviceman to

administrative responsibility for committing an administrative offence and imposed a penalty in the

form of deprivation of the right to hold certain positions or engage in certain activities related to the

performance of the functions of the state or local self-government;

i) where a serviceman cannot be transferred to another position in the case of direct subordination

to a close relative;

j) in connection with the application of a ban provided for in parts

three

four

of Article 1 of

the Law of Ukraine on Government Lustration;

k) connection with the entry into force of a court decision on the recognition of the assets of a

serviceman or assets acquired on his/her behalf by other persons or in other cases provided for in

Article 290

of the Civil Procedure Code of Ukraine as unjustified and their seizure by the state;

{Paragraph 2 of part six of Article 26 has been supplemented with indent "k" in accordance with

Law

No. 263-IX of 31.10.2019}

3) since the mobilization announcement

–

during the period of its implementation, which shall

be determined by the decision of the President of Ukraine, and since the martial law introduction

–

until the announcement of demobilization:

a) for age-related reasons

–

when the serviceman reached the age limit for military service;

b) for health reasons

–

on the basis of the conclusion (resolution) of the military medical

commission on unfitness for military service subject to the exclusion from the military registries;

c) in connection with the entry into force of a court verdict sentencing to imprisonment or

restriction of liberty.

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Note. The terms

"direct subordination"

and

"close relative"

shall have the meaning assigned to

them in the Law of Ukraine on Corruption Prevention.

7. The servicemen shall be dismissed in the manner provided for by the regulations on the

military service by citizens of Ukraine.

8. When required, servicemen at regular military service and conscripts who have served the

established terms may, in accordance with the Decree of the President of Ukraine, be kept at service

for up to six months.

9. Servicemen discharged from regular military service to the reserve or retired shall be provided

with appropriate uniforms according to the list established by the Ministry of Defense of Ukraine,

travel documents to the place of residence, meals during the period of traveling, and financial

allowance in the amount established by the Cabinet of Ministers of Ukraine. Servicemen at regular

military service may be discharged to the reserve in their own civilian clothes at their request.

10. Servicemen who have acquired the right to a pension for length of service, as well as those

who are war veterans or participants in the liquidation of the consequences of the Chornobyl accident

and who have five years or less left until the reaching of the established age limit for military service,

may be discharged from military service at their request on the grounds envisaged in subparagraphs

"c" of paragraphs 1 of

parts five

and

six

of this Article.

11. Persons discharged from military service shall arrive at the relevant regional (city) territorial

centers of recruitment and social support (for persons liable for military service of the Security

Service of Ukraine

–

to the Central Department or regional bodies of the Security Service of Ukraine,

and for persons liable for military service of the Foreign Intelligence Service of Ukraine

–

to the

relevant unit of the Foreign Intelligence Service of Ukraine) for military registration within five days.

{Part eleven of Article 26 as amended by Law

No. 161-IX of 03.10.2019}

{Article 26 as amended by Law

No. 2397-VIII of 05.04.2018}

Chapter V

SERVICE IN THE MILITARY RESERVE. PERFORMANCE OF THE

MILITARY DUTY IN THE RESERVE

{Title of Chapter V as amended by Law

No. 1127-VII of 17.03.2014}

Article 26

Service in the military reserve

1. Citizens of Ukraine (except for those who are not subject to conscription for military service

during mobilization) can be voluntarily enrolled in the military reserve of the Armed Forces of

Ukraine and other military formations. To do this, they must pass a professional and psychological

selection, be fit for service in the military reserve, and meet the established requirements for service

in the military reserve.

For the needs of manning the Armed Forces of Ukraine and other military formations, citizens

of Ukraine who have not reached the age limit for military service and are recognized by military

medical commissions as unfit for military service for health conditions as a result of diseases, wounds

(traumas, contusions, mutilations) received during the performance of military service duties,

including during participation in the anti-terrorist operation and/or in the implementation of actions

to ensure national security and defense, repulsing and deterring the armed aggression of the Russian

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Federation in Donetsk and Luhansk regions, international peacekeeping and security operations,

which resulted in their disability, partial disability without disability (except for mental, sensory,

psychological disabilities, mental disorders, behavioral disorders and other diseases determined by

the Ministry of Defense of Ukraine and other central executive authorities, which, in accordance with

the law, manage military formations) may be recruited for service in the military reserve of the Armed

Forces of Ukraine and other military formations.

{Part one of Article 26

has been supplemented with indent two in accordance with Law

No.

2024-IX of 27.01.2022}

The list of positions that can be held by such persons shall be determined by the Ministry of

Defense of Ukraine and other central executive authorities, which, in accordance with the law,

manage military formations.

{Part one of Article 26

has been supplemented with indent three in accordance with Law

No.

2024-IX of 27.01.2022}

2. A contract for service in the military reserve of the Armed Forces of Ukraine or other military

formations shall be concluded with a person who meets the requirements specified in

part one

of this

Article.

3. Reservists who serve in the military reserve, in the case of expiry of their contract, may

conclude a new contract for service in the military reserve.

4. The peculiarities of service in the military reserve, including the performance of duties in the

military reserve by reservists, shall be determined by this Law and relevant regulations on the

performance of service in the military reserve by the citizens of Ukraine.

5. Reservists shall not be classified as the employed population in Ukraine and shall be entitled,

in accordance with laws on employment of the population, to be recognized as unemployed and

registered with the state employment service as job seekers who are ready and able to proceed with

suitable work.

6. Service in the military reserve shall be introduced with the aim of regular training of reservists

for manning the Armed Forces of Ukraine and other military formations in peacetime and during a

special period by acquiring and maintaining at the proper level skills and abilities in the military

specialty.

{Part six of Article 26

as amended by Law

No. 1357-IX of 30.03.2021}

7. The training programs for the reservists of the Armed Forces of Ukraine, the procedure and

scope of training in the military specialties, time and terms of training shall be determined by the

General Staff of the Armed Forces of Ukraine, and in other military formations

–

by their commanders

in agreement with the General Staff of the Armed Forces of Ukraine.

8. Financial and material support for actions related to the performance of service in the military

reserve shall be paid from the funds envisaged in the State Budget of Ukraine for the maintenance of

the Ministry of Defense of Ukraine and other central executive authorities which, in accordance with

the law, manage military formations. The

procedure and the amounts of financial support

and

incentives for persons liable for military service and reservists shall be determined by the Cabinet of

Ministers of Ukraine, the Ministry of Defense of Ukraine and other central executive authorities

which, in accordance with the law, manage military formations.

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{Chapter V has been supplemented with Article 26

according to the Law

No. 1127-VII of

17.03.2014}

Article 26

. Service in the military reserve during a special period

1. During a special period, persons discharged from military service who are fit for service in the

military operational reserve in view of their professional and psychological characteristics and state

of health, and who meet the established requirements for service in the military reserve shall be

enrolled in the military reserve.

{Part one of Article

as amended by Law

No. 1769-VIII of 06.12.2016}

2. The contract on the service of a citizen of Ukraine in the military reserve of the Armed Forces

of Ukraine or other military formations cannot be terminated during a special period, and a citizen

who has concluded the same and has been enrolled in the military operational reserve shall continue

to serve in the military reserve of the Armed Forces of Ukraine or other military formations on the

terms and conditions stipulated by laws until the expiry of the special period.

3. After the expiry of the special period, citizens who have served in the military operational

reserve shall be entitled to conclude a voluntary contract for service in the military reserve on the

terns and conditions established by this Law.

{Part three of Article 26

as amended by Law

No. 1357-IX of 30.03.2021}

{The Law has been supplemented with Article 26

according to the Law No.

265-VIII of

19.03.2015;

as amended by the Law

No. 1702-IX of 16.07.2021

–

effective since 01.01.2022}

...

Chapter VII

CONSCRIPTION DURING MOBILIZATION. DEMOBILIZATION.

CONSCRIPTION OF RESERVISTS FOR MILITARY SERVICE

DURING A SPECIAL PERIOD

{Title of Chapter VII as amended by Law

No. 1357-IX of 30.03.2021}

Article 39.

Conscription for military service during mobilization. Demobilization

1. The conscription of reservists and persons liable for military service during mobilization shall

be carried out in accordance with the procedure determined by this Law and the

Law of Ukraine

Mobilization Training and Mobilization.

Reservists and persons liable for military service who are in reserve and not booked during the

period of mobilization according to the established procedure shall be called up for military service

during mobilization.

The conscription of reservists and persons liable for military service during mobilization shall

be carried out to fill military positions provided for by the wartime manning tables within the terms

specified in the mobilization plans of the Armed Forces of Ukraine and other military formations.

Persons discharged from military service in connection with the application of a ban provided

for in parts

three

four

of Article 1 of the Law of Ukraine on the Government Lustration may be

called up for military service during mobilization. Such persons called up for military service during

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mobilization shall be appointed to any military positions, except for the positions in respect of which

the lustration measures are carried out.

During a special period, the military service (term of contracts) for servicemen shall be extended

in accordance with the procedure stipulated in

part nine

of Article 23 of this Law.

In the event of the demobilization announcement, the servicemen doing military service under

conscription during mobilization for a special period shall be dismissed in accordance with

part four

of Article 26 of this Law.

{Part one of Article 39 as amended by Law

No. 1127-VII of 17.03.2014;

as amended by Laws

No. 1634-VII of 12.08.2014, No. 2397-VIII of 05.04.2018}

{Part two of Article 39 has been deleted in accordance with Law

No. 2926-VI of 13.01.2011}

2. Citizens of Ukraine who are called up for regular military service, military service by

conscription during mobilization, during a special period, or enlisted for military service under a

contract in the event of a crisis situation threatening the national security, the announcement of a

decision to carry out mobilization and (or) the introduction of martial law, shall enjoy the guarantees

provided for in

part three

of Article 119 of the Labor Code of Ukraine, as well as in

part one

of Article

53 and

part two of

Article 57 of the Law of Ukraine on Education, part

two

of Article 44,

part one

Article 54 and

part three

of Article 63 of the Law of Ukraine on Vocational Higher Education, as well

part two

of Article 46 of the Law of Ukraine on Higher Education.

{Part two was added to Article 39 in accordance with Law No.

1169-VII of 27.03.2014;

amended by Laws No.

116-VIII of 15.01.2015, No. 433-VIII of 14.05.2015;

as amended by Law

No.

1357-IX of 30.03.2021}

3. The state registration of entrepreneurial activity of individual entrepreneurs shall not be

terminated for the citizens of Ukraine who are called up for regular military service, military service

under the conscription during mobilization, during a special period, or enlisted for military service

under a contract, in the event of a crisis situation threatening the national security, announcement of

the decision to conduct mobilization and (or) imposition of martial law until the expiry of the special

period or until the announcement of the decision on demobilization. Where they are not engaged in

entrepreneurial activity during the mobilization period, such individual entrepreneurs shall not be

charged taxes and fees.

{Article 39 has been supplemented with part three according to the Law No.

1169-VII of

27.03.2014;

as amended by the Law

No. 116-VIII of 15.01.2015}

Article 39

Conscription of reservists for military service during a special period

1. For the prompt manning of the Armed Forces of Ukraine and other military formations during

a special period, the Supreme Commander-in-Chief of the Armed Forces of Ukraine, upon the

submission of the Commander-in-Chief of the Armed Forces of Ukraine, may decide to call up

citizens of Ukraine enrolled in the military operational reserve for military service of reservists by

conscription during a special period.

2. The targets, scopes, terms and procedure for carrying out conscription of reservists during a

special period shall be determined by the Supreme Commander-in-Chief of the Armed Forces of

Ukraine in the decision on conscription.

3. Citizens of Ukraine shall be called up for military service of reservists by conscription during

a special period and notified thereof by the commanders of military units

–

in respect of citizens of

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Ukraine who serve in the military reserve under a contract and/or are enrolled in the military

operational reserve during such service, and by the heads of territorial centers of recruitment and

social support

–

in respect of citizens of Ukraine who are enrolled in the military operational reserve

after their discharge from military service.

4. Reservists shall appear at military units or to the gathering points of the territorial centers of

recruitment and social support within the terms specified in the received calls (notifications).

5. Valid reasons for non-arrival to military units or to the gathering points of territorial centers

of recruitment and social support within the terms specified in the received calls (notifications) shall

be as follows, provided that they are confirmed by the relevant documents:

1) act of God, illness or other circumstances that prevented a reservist from arriving at the

specified unit or point within the specified time;

2) death of a close relative (spouse, son, daughter, father, mother, grandfather, grandmother or

sibling (full or half)) or a close relative of the spouse.

6. Citizens of Ukraine who are called up for military service as reservists during a special period

shall undergo a mandatory medical examination in accordance with the established procedure.

7. The following citizens of Ukraine shall not be subject to conscription of reservists for military

service during a special period if they, at the time of conscription:

1) are recognized as unfit for military service for health reasons following the medical

examination;

2) have reached the age limit for staying in the reserve, or if the time remaining until such citizens

reach the age limit for staying in the reserve is less than the period for which the conscription is

carried out;

3) have served during the established terms of military service of reservists by conscription

during a special period, and less than one year has passed since their discharge from such service;

4) have to do military service of reservists by conscription during a special period during at least

one year cumulatively. During this period, such persons may be called up for military service of

reservists by conscription during a special period subject to their consent.

8. Citizens of Ukraine defined in

indents four to twelve

of part one and

part two of

Article 23 of

the Law of Ukraine on Mobilization Training and Mobilization shall not be subject to conscription

for military service of reservists by conscription during a special period.

{Part eight of Article 39

as amended by Law

No. 2169-IX of 01.04.2022}

9. Citizens of Ukraine who did military service as reservists by conscription during a special

period, served the established terms of military service, were discharged from it and were enrolled in

the military operational reserve shall not be called up for training (or testing) during one year from

the date of discharge.

10. Citizens of Ukraine called up for military service as reservists by conscription during a

special period shall enjoy the guarantees provided for in

part three

of Article 119 of the Labor Code

of Ukraine, as well as in

part one

of Article 53 and

part two of

Article 57 of the Law of Ukraine on

Education, part

two

of Article 44,

part one

of Article 54 and

part three

of Article 63 of the Law of

Ukraine on Vocational Higher Education, as well as

part two

of Article 46 of the Law of Ukraine on

Higher Education.

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{Part ten of Article 39

as amended by Law

No. 1702-IX of 16.07.2021

–

effective since

01.01.2022}

11. The procedure for calling up the citizens of Ukraine for military service of reservists by

conscription during a special period shall be determined by this Law. The General Staff of the Armed

Forces of Ukraine shall establish the peculiarities of calling up the citizens of Ukraine for military

service of reservists by conscription during a special period.

12. Citizens of Ukraine who are called up for military service on the basis of the conscription of

reservists during a special period and who are unemployed as of the date of conscription to the

gathering points, for the entire period of their service during the special period, including the time of

travel to and from the military unit, in addition to the monthly financial support, shall be paid a

monetary compensation in the amount of the minimum wage established as of the 1

of January of

the calendar year from the funds provided for in the state budget for the maintenance of the Ministry

of Defense of Ukraine and other centers of military service.

{Part twelve of Article 39

as amended by Laws

No. 1702-IX of 16.07.2021

–

effective since

01.01.2022,

No. 2024-IX of 27.01.2022}

{Chapter VII has been supplemented with Article 39

according to Law

No. 1357-IX of

30.03.2021}

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Annex 5.3: Translation of articles 22 & 23 of the Law on Mobilisation

Training and Mobilisation

Verkhovna Rada of Ukraine,

Law of Ukraine, On Mobilization Training and Mobilization,

adopted in 1993,

last amended on 4 November 2022,

https://zakon.rada.gov.ua/laws/show/3543-12#Text

Article 22.

Duties of citizens regarding the mobilization training and mobilization

1. The citizens shall:

appear on call to a territorial center of recruitment and social support (persons liable for military

service and reservists of the Security Service of Ukraine

–

on call of the Central Directorate or

regional body of the Security Service of Ukraine, persons liable for military service and reservists of

the Foreign Intelligence Service of Ukraine

–

on call of the Foreign Intelligence Service of Ukraine)

for registration of persons liable for military service or reservists and determination of their

assignment during a special period;

{Indent two of part one of Article 22 as amended by Laws

No. 2926-VI of 13.01.2011, No. 267-

VIII of 19.03.2015;

as amended by Law

No. 1357-IX of 30.03.2021}

provide, in accordance with the established procedure, during mobilization, buildings, structures,

vehicles and other property, which they own, to the Armed Forces of Ukraine, other military

formations, and the Operational Rescue Service of Civil Protection subject to subsequent

reimbursement of their cost by the state in accordance with the procedure established by law.

{Indent three of part one of Article 22 as amended by the Law

No. 5404-VI of 02.10.2012}

2. Citizens who are in the reserve and are not called up for military service or are not involved

in the performance of mobilization duties at the positions provided for by the wartime manning tables,

during mobilization, may be involved in the performance of works of a defensive nature in accordance

with the law.

{Paragraph one of part two of Article 22 as amended by the Law

No. 5404-VI of 02.10.2012}

Citizens engaged in entrepreneurial activity shall perform mobilization tasks (orders) in

accordance with the concluded agreements (contracts).

3. During mobilization, citizens shall appear at military units or to gathering points of the

territorial center of recruitment and social support within the terms specified in the documents they

received (mobilization orders, calls of the heads of the territorial centers of recruitment and social

support) or within the terms determined by commanders of military units (persons liable for military

service, reservists of the Security Service of Ukraine

–

on call of the heads of the bodies in which

they are registered, persons liable for military service, reservists of the Security Service of Ukraine

–

on call of the heads of the bodies in which they are registered).

{Part three of Article 22 as amended by Laws No.

2926-VI of 13.01.2011, No. 5404-VI of

02.10.2012;

as amended by Laws

No. 1127-VII of 17.03.2014, No. 267-VIII of 19.03.2015;

amended by Law No.

1357-IX of 30.03.2021;

as amended by Law

No. 2228-IX of 21.04.2022}

4. Citizens in the reserve shall be assigned to military units for military service in wartime or to

the other units or formations for the performance of duties in positions provided for by the wartime

manning tables in advance.

{Part four of Article 22 as amended by the Law

No. 5404-VI of 02.10.2012}

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5. The conscription of citizens for military service during mobilization or their involvement in

the performance of duties at the positions envisaged by the wartime manning tables shall be carried

out by the territorial centers of recruitment and social support with the assistance of local executive

authorities or by the commanders of military units (for persons liable for military service and

reservists of the Security Service of Ukraine

–

the Central Department or regional bodies of the

Security Service of Ukraine, for persons liable for military service and reservists of the Foreign

Intelligence Service of Ukraine

–

a relevant unit of the Foreign Intelligence Service of Ukraine).

{Indent one of part five of Article 22 as amended by Law No.

267-VIII of 19.03.2015;

as amended

by Law No.

1357-IX of 30.03.2021;

as amended by Law

No. 2228-IX of 21.04.2022}

Persons liable for military service and reservists who are on training shall continue training in

case of mobilization announcement. If required, these persons shall be called up for military service

by the commanders of relevant military units by order of the General Staff of the Armed Forces of

Ukraine.

{Part five of Article 22 has been supplemented with indent two according to the Law

No. 1275-

VII of 20.05.2014}

The peculiarities of medical examination of persons liable for military service and reservists

during mobilization for a special period shall be determined by the Ministry of Defense of Ukraine

in agreement with the Ministry of Health of Ukraine.

{Part five of Article 22 has been supplemented with the third paragraph according to the Law

No. 1275-VII of 20.05.2014}

{Part five of Article 22 as amended by Laws

No. 2926-VI of 13.01.2011, No. 5404-VI of

02.10.2012}

6. Citizens who are listed in military registries may not change their place of residence without

the permission of the official specified in

part three

of this Article.

{Part six of Article 22 as amended by the Law

No. 5404-VI of 02.10.2012}

Article 23.

Determent of conscription for military service during mobilization

The following persons liable for military service shall not be subject to conscription during

mobilization:

those booked for the period of mobilization and wartime for state authorities, other state bodies,

local self-government bodies, as well as for enterprises, institutions and organizations in accordance

with the procedure established by the Cabinet of Ministers of Ukraine;

those recognized disabled or, according to the conclusion of the military medical commission,

temporarily unfit for military service for health reasons in accordance with the established procedure

for six months (subject to repeated checkup by the military medical commission);

{Indent three of part one of Article 23 as amended by Law

No. 2122-IX of 15.03.2022}

women and men with three or more dependent children under the age of 18;

{Indent four of part one of Article 23 as amended by Law

No. 1614-VII of 25.07.2014;

amended by Laws

No. 2226-VIII of 06.12.2017, No. 2122-IX of 15.03.2022}

women and men who raise a child (children) under the age of 18 on their own;

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{Indent five of part one of Article 23 as amended by Laws

No. 1614-VII of 25.07.2014, No. 2122-

IX of 15.03.2022}

women and men, guardians, trustees, foster parents, foster parents raising a child with disabilities

under the age of 18;

{Part one of Article 23 has been supplemented with a new indent in accordance with Law

No.

339-VIII of 21.04.2015;

as amended by Law

No. 2122-IX of 15.03.2022}

women and men, guardians, trustees, foster parents, foster parents raising a child with severe

perinatal lesions of the nervous system, severe congenital malformations, rare orphan diseases,

oncological, oncohematological diseases, cerebral palsy, severe mental disorders, type I diabetes

(insulin-dependent), acute or chronic kidney disease of the 4

grade, a child who has been severely

injured, needs organ transplantation, needs palliative care, which is confirmed by a document issued

by the medical advisory commission of the healthcare institution in the manner and form established

by the central executive body that ensures the formation and implementation of state healthcare

policy, but who has not been recognized disabled;

{Part one of Article 23 has been supplemented with a new indent in accordance with Law

No.

2226-VIII of 06.12.2017;

as amended by Law

No. 2122-IX of 15.03.2022}

women and men having a dependent child of full legal age assigned disability group I or II;

{Part one of Article 23 has been supplemented with a new indent in accordance with Law

No.

1614-VII of 25.07.2014;

as amended by Law

No. 2122-IX of 15.03.2022}

adoptive parents, guardians, tutors, foster parents, foster parents, who have dependent orphans

or children deprived of parental care under the age of 18;

{Part one of Article 23 has been supplemented with a new indent in accordance with Law

No.

1614-VII of 25.07.2014;

as amended by Law

No. 2122-IX of 15.03.2022}

providing continuous care for a sick spouse, child, as well as

own and spouse’s

parents who,

according to the conclusion of the medical and social expert commission or medical advisory

commission of the healthcare institution, need continuous care;

{Indent ten of part one of Article 23 as amended by Law

No. 2122-IX of 15.03.2022}

who have a disabled spouse and/or one of

its or spouse’s

parents assigned disability group I or

II;

{Paragraph eleven of part one of Article 23 as amended by Law

No. 2122-IX of 15.03.2022}

guardians of a disabled person recognized by the court as incapacitated; persons providing

continuous care for a person assigned disability group I; persons providing continuous care for a

person assigned disability group II or for a person who, according to the conclusion of the medical

and social expert commission or the medical advisory commission of the health care institution, needs

continuous care, in the absence of other persons who can provide such care;

{Part one of Article 23 has been supplemented with a new indent in accordance with Law

No.

1357-IX of 30.03.2021;

as amended by Law

No. 2122-IX of 15.03.2022}

women and men who have a minor child (children) and a spouse doing military service in one

of the types of military service specified in

part six

of Article 2 of the Law of Ukraine on Military

Duty and Military Service;

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{Part one of Article 23 has been supplemented with a new indent in accordance with Law

No.

2169-IX of 01.04.2022}

people's deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of

Crimea;

{Indent of the first part of Article 23 as amended by Law

No. 2122-IX of 15.03.2022}

employees of military administration (management bodies), military units, enterprises,

institutions and organizations of the Ministry of Defense of Ukraine, the Armed Forces of Ukraine,

the State Service for Special Communications and Information Protection of Ukraine, the Security

Service of Ukraine, the Foreign Intelligence Service of Ukraine, the National Guard of Ukraine, the

State Border Guard Service of Ukraine, the National Police of Ukraine, the Bureau of Economic

Security of Ukraine, the National Anti-Corruption Bureau of Ukraine, the State Bureau of

Investigation, the State Executive Service of Ukraine, the Department of State Security of Ukraine;

{Indent of the first part of Article 23 as amended by Law No.

2122-IX of 15.03.2022;

as amended

by Law

No. 2732-IX of 04.11.2022}

other persons liable for military service or certain categories of citizens in cases provided for by

law.

{Indent of the first part of Article 23 as amended by Law

No. 2122-IX of 15.03.2022}

Persons with disabilities, as well as persons referred to in

indents four to twelve

of part one of

this Article, may be called up for military service during this period subject to their consent and only

at their place of residence.

{Article 23 has been supplemented with a new part in accordance with Law

No. 2122-IX of

15.03.2022}

The following persons shall also not be subject to conscription for military service during

mobilization, for a special period:

students obtaining vocational (vocational-technical), professional pre-university and higher

education, trainee assistants, postgraduate students and doctoral students studying full-time or

following dual forms of education;

{Indent two of Article 23 as amended by Laws

No. 2745-VIII of 06.06.2019, No. 2196-IX of

14.04.2022}

scientific and scientific-pedagogical workers of higher and vocational higher education

institutions, scientific institutions and organizations who have an academic title and/or a scientific

degree, and pedagogical workers of vocational (vocational-technical) education institutions, general

secondary education institutions, provided that they work in higher or vocational higher education

institutions, scientific institutions and organizations, vocational (vocational-technical) or general

secondary education institutions, respectively, and have their principal place of employment there at

the rate of at least 0.75;

{Indent three of Article 23 as amended by Laws

No. 2745-VIII of 06.06.2019, No. 2196-IX of

14.04.2022}

women and men whose close relatives (husband, wife, son, daughter, father, mother, grandfather,

grandmother or sibling (full or half) were killed or disappeared during the anti-terrorist operation

from among:

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{The part has been supplemented with indent four according to Law

No. 1387-VIII of

31.05.2016}

servicemen or employees of military formations formed in accordance with the laws of Ukraine,

who defended the independence, sovereignty and territorial integrity of Ukraine, who died or went

missing during direct participation in the anti-terrorist operation, ensuring its implementation, being

directly in the areas of the anti-terrorist operation during its implementation;

{The part has been supplemented with indent five according to Law

No. 1387-VIII of 31.05.2016}

employees of enterprises, institutions and organizations who were involved in ensuring the

conduct of the anti-terrorist operation and died or went missing while ensuring the conduct of the

anti-terrorist operation directly in the areas and during its conduct;

{The part has been supplemented with indent six according to Law

No. 1387-VIII of 31.05.2016}

persons who died or went missing during direct participation in the anti-terrorist operation,

ensuring its conduct, while being directly in the areas of the anti-terrorist operation during its conduct

as part of volunteer formations that were formed or self-organized to protect the independence,

sovereignty and territorial integrity of Ukraine, provided that later such volunteer formations were

included in the military formations and law enforcement agencies formed in accordance with the laws

of Ukraine;

{The part has been supplemented with indent seven according to Law

No. 1387-VIII of

31.05.2016}

persons who died or went missing during direct participation in the anti-terrorist operation,

ensuring its conduct, being directly in the areas of its conduct as part of volunteer formations that

were formed or self-organized to protect the independence, sovereignty and territorial integrity of

Ukraine, but later such volunteer formations were not included in the military formations and law

enforcement agencies formed in accordance with the laws of Ukraine, and performed the tasks of the

anti-terrorist operation in cooperation with the military formations and law enforcement agencies

formed in accordance with the laws of Ukraine;

{The part has been supplemented with indent eight according to the Law

No. 1387-VIII of

31.05.2016}

women and men, whose close relatives (husband, wife, son, daughter, father, mother,

grandfather, grandmother or sibling (full or half)) were killed or went missing during the

implementation of measures to ensure national security and defense, repulsion and deterrence of the

armed aggression of the Russian Federation in Donetsk and Luhansk regions, as well as during the

implementation of measures to ensure national security and defense, repulsion and deterrence of the

armed aggression against Ukraine during martial law;

{Part three has been supplemented with indent nine in accordance with Law

No. 2491-IX of

29.07.2022}

{Article 23 has been supplemented with a new part according to Law No.

1575-VII of

03.07.2014;

as amended by Law

No. 277-VIII of 07.04.2015;

as amended by Law No.

570-VIII of

01.07.2015}

Persons referred to in

indent two

of the first part and in

indents four to nine

of the third part of

this Article may be called up for military service during the specified period subject totheir consent.

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{Article 23 has been supplemented with a new part in accordance with Law

No. 1387-VIII of

31.05.2016;

as amended by Laws

No. 2491-IX of 29.07.2022, No. 2732-IX of 04.11.2022}

Persons liable for military service who were called up for military service during partial

mobilization and were discharged from military service for reserve (except for servicemen enlisted

in the military operational reserve of the first stage) shall not be subject to conscription for military

service during partial mobilization during six months from the date of their discharge from military

service. Such persons may be called up for military service during this period subject to their consent.

{Article 23 has been supplemented with a part according to Law

No. 259-VIII of 18.03.2015;

amended by Law

No. 413-VIII of 14.05.2015}

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Annex 5.4: Translation of Resolution 57, article 2.1-2.13, Rules for Crossing

the State Border by the Citizens of Ukraine.

THE CABINET OF MINISTERS OF UKRAINE

RESOLUTION

No. 57 dated 27 January 1995

Kyiv

on Approval of the Rules for Crossing the State Border by the

Citizens of Ukraine

. When a state of emergency or martial law are announced on the territory of Ukraine, the

following people shall be entitled to cross the state border:

persons with disabilities, subject to the presence of a certificate confirming the relevant status or

a pension certificate or a certificate confirming the appointment of social assistance in accordance

with the Laws of Ukraine

on State Social Assistance to Persons with Disabilities Since Childhood

and Children with Disabilities

and

on State Social Assistance to Persons Not Entitled to Pensions and

Persons with Disabilities,

which indicate the group and cause of disability, or a certificate for

receiving benefits by persons with disabilities who are not entitled to pensions or social assistance, in

the form approved by the Ministry of Social Policy (hereinafter referred to as documents confirming

disability);

{Indent two of paragraph 2

as amended by the Resolution of the Cabinet of Ministers of Ukraine

No. 1212 dated 28.10.2022}

persons who have a spouse with a disability and accompany such spouse to travel outside

Ukraine, provided that they have documents (notarized copies thereof) confirming family ties and

disability;

persons with one of their parents or parents of their spouse being persons with disabilities of

group I or II, who accompany one of such parents to travel outside Ukraine, provided that they have

documents (notarized copies thereof) confirming kinship, disability, as well as documents confirming

that the share the same household (their declared or registered place of residence (stay) coincides with

the declared or registered place of residence (stay) of their parents or parents of their spouse), or care

for the person with disabilities. The act of establishing the fact of caregiving shall be issued at the

request of a person with a disability of group I or II or a caregiver by a district, circuit in the cities of

Kyiv and Sevastopol state administration, or executive body of a village, settlement or city council,

indicating that the caregiver provides relevant care. If a person with a disability of group I or II is a

registered internally displaced person, the statement of care shall be submitted at the place of

registration of the actual place of residence of such an internally displaced person. On the basis of

such a statement of a person with a disability of group I or II or a caregiver, the district, circuit in the

cities of Kyiv and Sevastopol state administration, or the executive body of the village, settlement,

city council shall draw up an act of establishing the fact of care in an arbitrary form within five

business days after receipt of the statement. This act shall be sent to the applicant or issued in person,

at his/her request;

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permanent caregivers of persons with disabilities of group I or II. who accompany such persons

to travel outside Ukraine, provided that they have documents (ID cards, certificates) evidencing the

receipt of compensation (assistance, allowance) for care or documents confirming disability, and an

act of establishing the fact of care. The act of establishing the fact of caregiving shall be issued at the